Joinder: Counterclaims and Crossclaims

Question 1

Joinder

Answer 1

General ways to add claims and/or parties to a single lawsuit in federal court

Question 2

Claim joinder

Answer 2

Party may join as many claims as it has against an adversary regardless of whether there is any connection between the joined claims

Question 3

Party Joinder

Answer 3

Party may join parties to a lawsuit if the claims involving those parties derive from the same transaction or occurrence or the same series of transactions or occurences

Question 4

Counterclaims

Answer 4

usually filed by defendants against plaintiffs (any claim for relief made against an opposing party after an original claim has been made)

Question 5

Permissive counterclaim

Answer 5

Counterclaim does not derive from the same transaction or occurrence as the plaintiffs claim (defendant may file as a counterclaim)

Question 6

Compulsory counterclaim

Answer 6

Counterclaim does derive from the same transaction or occurrence as the plaintiffs claim (defendant MUST file claim as counterclaim in the action filed against it and cannot do it in a later, separate claim)

Question 7

Supplemental jurisdiction will always exist over?

Answer 7

compulsory counterclaims and valid crossclaims

Question 8

Crossclaims

Answer 8

Party may file a crossclaim against an existing co-party if that crossclaim derives from the same transaction or occurrence that is subject of the action