Joinder Rules

Question 1

Rule 12 (b) also what is deadline for filing

Answer 1

Motion to dismiss

1. Lack of Pj
2. lack of SMJ
3. improper venue
4. improper service
5. improper process of service
6. failure to state a claim which relief can be granted
7. failure to join party under rule 19

the deadline of filing for the motion of 12 (b) if responsive pleading allowed
- before the answer
MUST BE FILED BEFORE D FILES AN ANSWER ***

rule 12(b) (6)
- motion to dismiss for failure to state claim which relief can be granted
- court looks at P’s complaint only
no other evidence, to see if they should grant the motion
- court looks at the complaint not the evidence

Question 2

What is 12 (c) motion and the deadline to file it

Answer 2

Allows the plaintiff or defendant to ask the court for a decision based only on the information in legal documents (like complaint or answer) without going to trial.

party making complaint has to show there is no important facts in dispute and that they should win based on the law and facts in those documents

if court allows and agrees, then they dismiss the case in favour of party making motion

Question 3

Rule 20

Answer 3

joinder who can be joined in a case,

for plaintiffs when they draft a complaint, allows them to join multiple plaintiffs or defendants

as long as –>
- arise out of same transaction or occurrence
- same common question of law or fact

does the case invoke diversity or federal question = subject matter jurisdiction

Question 4

Rule 19 -
+ 3 steps

Answer 4

Necessary parties
- when court forces a 3rd party to come to court, because they are necessary,
- required for necessary people

3 steps of rule 19
1. the absent party needs to be necessary
- if without them the court can’t conclude and give relief to the suit

2. the absent parties interest will be harmed
3. focus on defendant
   - absent interest may lead to defendant have to deal with multiple or inconcistent obligations

Do this –>

The test
1. Are you necessary under test 1
a. if you can’t get complete relief with persons absence
b. if it messes with persons ability to protect the interest, or leaves the party at risk to incur double liability twice, or inconsistent obligations,
- if you are not, court can not give relief or decide

then do this and see if the joinder of the absent party is feasible
- is there PJ
and if bringing you in does not mess up diversity - if both met then it is feasible

focus on defendant - see if it helps and doesn’t lead them to multiple or inconsistent obligations

Rule 19(b) if joinder of A is not feasible then
b. can not join because NO PJ
- court may go ahead in case without absent party
- or court may dismiss the case (if there is another court they can go to)
- is A indispensable

Question 5

Rule 18

Answer 5

Lets a party bring multiple claims against another party in a single lawsuit.
- as long as those claims are related to the same transaction or occurrence, or have some common question of law or fact

Question 6

Counter claim, and two types, and Rule number

Answer 6

Rule 13

13 (a) - compulsory counterclaim
- arises out of same transaction or occurrence as plaintiffs complaint
- must assert that claim or can never sue for it again
can not bring it up in a different case

13 (b) - permissive counterclaim
- does NOT arise out of the same transaction or occurrence
- may bring it up in the same case, or separate suit
- see if you can get it into federal court, through diversity or federal question

• use supplemental jurisdiction if can not get SMJ

Question 7

Cross claim, and Rule number

Answer 7

Rule 13 (g) - cross claim - never compulsory

• must rise from the same transaction or occurrence
• against a co - party

how we get a coparty - P joined multiple P or D joined multiple D’s = rule 20
- bcz from same transaction or occurrence, and same federal question

Question 8

supplemental jurisdiction and process

Answer 8

allows court to hear a non federal and non diversity claim
- only use when no SMJ

1. does 1367 (a) grant supplemental jurisdiction over this claim
   - yes if It comes from a common nucleus of fact
   - met if they arise from same transaction or occurence
2. second step, does 1367 (b) take away supplemental jurisdiction
   - only works under diversity cases
   - kills supplemental jurisdiction In diversity cases
   - only claim by the P are killed in supplemental jurisdiction

Question 9

Rule 14

Answer 9

IMPLEADER
where a defendant joins a new party, brings a third party plaintiff

Can come up in two ways
- indemnity - fully
- contribution - partially liable

• third party plaintiff must, by motion obtain courts leave if it files the third party complaint more then 14 days after serving original answer

always check if SMJ works, if they don’t, then check supplemental

Question 10

Rule 24

Answer 10

Joining somebody new, Non party (absent party) brings themselves into the case

intervention of right 24 (a) (2)
- you have right to intervene if you interest may be harmed if you are not joined

Permissive intervention 24 (b) (2)
- show that your claim or defence and pending case have one common question
- up to the courts discretion, not automatic

MUST ALWAYS ASSESS SMJ
, if does not meet then supplemental