Multiple Parties and Claims Flashcards
(22 cards)
What is misjoinder of parties?
The joining of two or more parties in a single action who should not sue or be sued together.
What can a court do in the case of misjoinder of parties?
The court may dismiss a party at any time as justice requires.
Define nonjoinder of parties.
The omission of a party who ought to be joined with an existing party.
What is a necessary party?
All persons interested in the subject matter of a suit and affected by its results.
What are the criteria for a person to be considered a necessary party?
- Complete relief cannot be granted among the parties in that person’s absence
- The person has an interest relating to the subject of the action that may be impaired.
What happens if a necessary person refuses to join as a plaintiff?
The person may be made a defendant or an involuntary plaintiff.
What is the procedure for joining an additional party?
A motion to join must be filed within 21 days after service of the complaint.
What must a plaintiff do when an additional party is added by the court?
The plaintiff is required to file an amended complaint with the motion.
What is an indispensable party?
A necessary person who cannot be made a party, and whose absence may require the court to dismiss the action.
What factors must a court consider regarding an indispensable party?
- Prejudice to the absent person or current parties
- Extent to which prejudice can be lessened
- Adequacy of judgment rendered in absence
- Adequate remedy for the plaintiff if dismissed.
Does nonjoinder of a party abate or defeat an action?
No, it does not abate or defeat an action.
What is the outcome of an action dismissed for nonjoinder?
The dismissal is without prejudice.
What is interpleader?
An action where a person holding property subject to competing claims joins all claimants to determine entitlement.
What can a defendant subject to multiple liability do?
File an interpleader action.
What jurisdiction does a general district court have in interpleader actions?
It can exercise jurisdiction over personal or real property interpleader actions, subject to maximum jurisdictional limits.
What is required for a person to intervene in a proceeding?
The person must seek leave of court and assert some right involved in the suit.
What is permissive joinder?
A party may plead as many issues as necessary, joining contract actions with tort actions if they arise from the same transaction.
What is compulsory joinder?
A claim arising out of the same transaction pursued in a subsequent action is subject to res judicata.
Can Virginia initiate class actions in state court?
No, class actions must be filed in federal court under Fed. Civ. Pro. R. 23.
What does the Multiple Claimant Litigation Act allow a circuit court to do?
Join, coordinate, consolidate, or transfer civil actions involving common questions of law or fact.
What is required for virtual representation in Virginia?
The interest of the party must be sufficiently similar to ensure adequate representation.
What is a shareholder derivative action?
The right of a corporate shareholder to bring an action on behalf of the corporation.
