Necessary Parties FRCP 19(a) Must be joined if possible but claim will proceed in the absence (where j/d not met) Indispensable Parties FRCP 19(b) Whole action must be dropped if they cannot be joined Impleader Generally: 3d party is liable to D if D is liable to P Claim must be derivative: TPP cannot claim that TPD is the only one liable to P and that he himself is not liable Must be that TPD is liable only if TPP is liable e.g. indemnity, subrogation(Blue+BlueShield), contribution, and breach of warranty TPP can in alternative that neither TPP nor TPD are liable Alternative Pleading: TPP may allege that only a portion of the recovery is due from TPD (contribution) If impleader is filed within 10 days after the time TPP served his answer to P’s claim, no leave of ct. req’d P may implead on counterclaims from D J/d requirements relaxed: PJ and SMJ are relaxed with respect to 3d party claim service of 3d party may be made in 100mi radius of ct. house, even if outside 100 mile bulge: long arm statute 3d claims fall within supplemental j/d; domicile/amt don’t matter Supplemental J/d: Venue: if venue is proper between original parties, proper with 3d Claims involving TPD Once TPD has been impleaded she can claim: Counterclaims against TPP (permissive or compulsory) Cross-claims against any other TPDs Any claim against original P arising from same trans/occ that is subject of P’s claim against TPP Any counterclaim against the original P, if the original P has made against TPD Impleader claims for 4th parties Claims by original P: Any claims against TPD arising out of the transaction or occurrence that is the subject matter of P’s claim against TPP J/d: claim by P against TPD must independently satisfy j/d if the main claim is dismissed before or during trial, ct. has discretion to Dismissal of main claim: hear 3d party claims Joinder of Claims & Parties of unrelated claims: P determines scope of litigation by joining whatever claims she wants, but judge retains control over course of litigation. FRCP 42(a) authorizes judge to order separate trials
Necessary Parties FRCP 19(a) Must be joined if possible but claim will proceed in the absence (where j/d not met) Indispensable Parties FRCP 19(b) Whole action must be dropped if they cannot be joined Impleader Generally: 3d party is liable to D if D is liable to P Claim must be derivative: TPP cannot claim that TPD is the only one liable to P and that he himself is not liable Must be that TPD is liable only if TPP is liable e.g. indemnity, subrogation(Blue+BlueShield), contribution, and breach of warranty Alternative Pleading: TPP can in alternative that neither TPP nor TPD are liable TPP may allege that only a portion of the recovery is due from TPD (contribution) If impleader is filed within 10 days after the time TPP served his answer to P’s claim, no leave of ct. req’d P may implead on counterclaims from D J/d requirements relaxed: PJ and SMJ are relaxed with respect to 3d party claim 100 mile bulge: service of 3d party may be made in 100mi radius of ct. house, even if outside long arm statute Supplemental J/d: 3d claims fall within supplemental j/d; domicile/amt don’t matter Venue: if venue is proper between original parties, proper with 3d Claims involving TPD Once TPD has been impleaded she can claim: Counterclaims against TPP (permissive or compulsory) Cross-claims against any other TPDs Any claim against original P arising from same trans/occ that is subject of P’s claim against TPP Any counterclaim against the original P, if the original P has made against TPD Impleader claims for 4th parties Claims by original P: Any claims against TPD arising out of the transaction or occurrence that is the subject matter of P’s claim against TPP J/d: claim by P against TPD must independently satisfy j/d Dismissal of main claim: if the main claim is dismissed before or during trial, ct. has discretion to hear 3d party claims Joinder of Claims & Parties of unrelated claims: P determines scope of litigation by joining whatever claims she wants, but judge retains control over course of litigation. FRCP 42(a) authorizes judge to order separate trials
Civil-Procedure-with-Flowcharts-1.docx