Joinder: Intervention and Indispensable Parties

Question 1

Intervention

Answer 1

Act of a nonparty seeking to become a party in an ongoing lawsuit by filing a motion to intervene

Question 2

Intervention: As of right

Answer 2

Intervenor nonparty has the right to intervene if it has an interest in the lawsuit which would be adversely affected and not protected by the parties

Question 3

Intervention: Permissive

Answer 3

Federal judge has discretion to permit intervention if the intervenor nonparty can show a commonality of issues between those in the ongoing lawsuit and those affecting the intervenor

Question 4

Indispensable parties

Answer 4

Nonparty who must be joined to a lawsuit if its absence would be unduly prejudicial to any partys right to a full and fair adjudication

Question 5

If an indispensable party cannot be joined due to a lack of subject matter jurisdiction, then the court must decide in equity and good conscience whether to:

Answer 5

-continue without the nonparty and risk prejudice
-dismiss the entire lawsuit for failure to join an indispensable party