Amendments & Joinders

Question 1

Rule 15(c)

Answer 1

Relation Back, when
law allows
claim is same conduct, transaction, or occurrence
changing party/name within 120 days AND
new party knew or should have known they were proper party
had timely notice of suit

Question 2

18(a)

Answer 2

permissive joinder of CLAIMS

may raise any proper claims it has against another party

Question 3

19(a)

Answer 3

Required & Feasible:
  will not lose SMJ
  cannot get complete relief without joinder
  disposing of action would 
         deny relief
         cause inconsistent obligations

Question 4

Rule 19(b)

Answer 4

Required but Not Feasible.
court must determine if dismissing
cause prejudice without party
extent prejudice can be avoided by protective measures
judgment could be adequate without party
another way to get adequate remedy if dismissed

Question 5

Rule 20(a)

Answer 5

Permissive Joinder: Who Can Be?
  any new PL or DF only if
      asserting claim jointly, severally, or in alternative from same
           transaction or occurrence
      common question of fact or law

Question 6

Rule 20(b)

Answer 6

court can issue orders to protect a party from prejudice

Question 7

Rule 21

Answer 7

court may add or drop a party or sever claims to separate trial in interest of justice

Question 8

Rule 15(a)

Answer 8

Once as a matter of course
within 21 days of service or within 21 days of receiving back a
12(b), (e), or (f) motion
Permissive
with consent of opposing, or consent of the court (freely as justice
requires)
14 days response time