Joinder

Question 1

Rule 13 (a)

Answer 1

(1) In General. A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction

Question 2

Rule 13 (b)

Answer 2

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory

Question 3

4 Test for compulsive

Answer 3

1. Are the issues of fact and law raised by the claim largely the same?
2. Would res judicata bar a subsequent suit on the defendant’s claim absent the compulsory counterclaim rule?
3. Will substantially the same evidence support or refute the plaintiff’s claim as well as defendant’s counterclaim?
4. Is there a logical relationship between the claim and the counterclaim?

Question 4

Rule 13 (g)

Answer 4

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim

Question 5

Rule 13 (h)

Answer 5

Rule 20 govern

Question 6

Rule 14

Answer 6

A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. ( Must PJ the non party)

Question 7

Rule 18:

Answer 7

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

Question 8

Rule 20:

Answer 8

(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences
(2) Defendants.
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences

Question 9

rule 22

Answer 9

By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.
Joinder for interpleader is proper even though:
(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or
(B) the plaintiff denies liability in whole or in part to any or all of the claimants (SMJ is still applicable)

Question 10

Section 1335

Answer 10

Dist. Ct shall have original jurisdiction of any civil action of interpleader or the nature of interpleader
Filed by any person/corp./assoc./society having in his custody $500 or having issued a note/bond/certificate/policy of insurance/instrument for $500
Two or more adverse claimants of diverse citizenship are claiming and may be entitled to claim such money/property

Question 11

Rule 24

Answer 11

(1) In General:
(A) is given a unconditional right to intervene by a federal statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.