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Order 1 Flashcards

(12 cards)

1
Q

O1 R1

A

Who may be joined as plaintiff
All person may be joined as plaintiff
- who either jointly, severally, or alternatively allege right to relief arising out of same transaction
AND
- if tried separately it would give rise to the same question of law or fact

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2
Q

O1 R2

A

Power to order separate trial
Where it appears that joint trial may embarrass or delay trial
may put plaintiff to election or order separate trial
or make any such orders to make trial expedient

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3
Q

O1 R3

A

Who may be joined as defendants
any relief is alleged to exist against such persons arising out of the same transaction
AND
if tried separately would give rise to same question of law

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4
Q

O1 R3A

A

Separate trial
where joinder of defendants may embarrass or delay

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5
Q

O1 R4

A

Judgment may be given
for or against
one or more plaintiff for such relief they may be entitled
one or more defendants acc to resp liabilities

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6
Q

O1 R5

A

Every defendant need not be interested in all of the relief claimed

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7
Q

O1 R6

A
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8
Q

O1 R7

A

Where there is doubt
as to which defendant - plaintiff may join he may join more than one defendant

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9
Q

O1 R8

A
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10
Q

O1 R8A

A
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11
Q

O1 R9

A

No suit shall be defeated by non joinder or mis joinder of parties
however this shall not apply to non joinder of necessary parties

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12
Q

O1 R10

A
  • Where suit instituted in name of wrong plaintiff or where it appears doubtful
  • and court is satisfied it is a bona fide mistake
  • and that necessary to substitute or add other plaintiff for determiniation of real matter
  • may do so on terms it finds just

-

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