Civil procedure Joinder

1 civil procedure

1.1 joinder of claims
1.2 joinder of parties
1.3 timing

civil procedure

joinder in civil law falls under 2 categories: joinder of claims , joinder of parties.

joinder of claims

joinder of claims refers bringing several legal claims against same party together. in u.s. federal law, joinder of claims governed rule 18 of federal rules of civil procedure. these rules allow claimants consolidate claims have against individual party case. claimants may bring new claims if these new claims not related claims stated; example, plaintiff suing breach of contract may sue same person assault. claims may unrelated, may joined if plaintiff desires.

joinder of claims requires court have jurisdiction on subject matter of each of new claims, , joinder of claims never compulsory. party sues breach of contract can bring suit assault @ later date if chooses. however, if claims related same set of facts, plaintiff may barred bringing claims later doctrine of res judicata, e.g. if plaintiff sues assault , case concluded, may not later sue battery regarding same occurrence.

joinder of parties

joinder of parties falls 2 categories: permissive joinder , compulsory joinder.

federal rule of civil procedure no. 20 addresses permissive joinder. permissive joinder allows multiple plaintiffs join in action if each of claims arise same transaction or occurrence, , if there common question of law or fact relating plaintiffs claims. example, several landowners may join in suing factory environmental runoff onto property. permissive joinder appropriate join multiple defendants, long same considerations joining multiple plaintiffs met. occurs in lawsuits regarding faulty products; plaintiff sue manufacturer of final product , manufacturers of constituent parts. court must have personal jurisdiction on every defendant joined in action.

compulsory joinder governed federal rule of civil procedure 19, makes mandatory parties joined. parties must joined necessary , indispensable litigation. rule includes several reasons why might true, including if party has interest in dispute unable protect if not joined. example, if 3 parties each lay claim piece of property , first 2 sue each other, third not able protect (alleged) interest in property if not joined. circumstance when party might end inconsistent obligations, example may required 2 different courts grant 2 different parties exclusive rights same piece of property. avoided joining parties in 1 lawsuit. however, while necessary parties must joined if joinder possible, litigation continue without them if joinder impossible, example, if court not have jurisdiction on party. contrast, if indispensable parties cannot joined, litigation cannot go forward. courts have discretion in determining parties indispensable, though federal rules provide guidelines.

timing

rules 18 , 20 have different effects depending on when invoked. joinder may occur part of original pleading. there discretionary period after initial filing, during original pleadings may amended matter of course. parties or claims or both may joined during time. however, if time modifying pleadings has passed, pleading can amended permission of opposing party or judge, though permission granted. rule 15 describes process amending claim.

under rule 42 of federal rules of civil procedure, court, if actions involve common question of law or fact, may join or issues, consolidate actions or issue other orders avoid unnecessary cost or delay. court may order separate trial of 1 or more separate issues or claims convenience, avoid prejudice, or expedite or improve economy.