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Joinder Outline

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This is an extract of our Joinder document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of University Of Michigan Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:


JOINDER a. Joining Claims Against Current Parties (Rule 18)?A party may add any additional claims it has against the other party. The claims do not need to arise out of the same transaction or occurrence. The court must have jurisdiction over the claims being joined. b. Counterclaims (Rule 13)

Counterclaims may be made by any party against any adverse party. The court must have SMJ to hear the claim. i. Rule 13(b): Permissive Counterclaim?

A claim by D that does not arise from the same transaction or occurrence as P's claim. This must have an independent jurisdictional basis to be heard in the same suit. ii. Rule 13(a): Compulsory Counterclaim?A claim by D that arises under the same transaction or occurrence as P's claim. o "Logical Relationship Test": Do the claims arise from the same underlying set of facts, even if different facts are required to prove each? (POLICY: this helps to ensure the courts are used efficiently and minimizes duplication in discovery and burden on witnesses). A counterclaim must be raised in D's response, unless: o D doesn't file an answer; o The claim hadn't arisen until after D filed his answer; o The claim requires the presence of 3rd parties over whom the court lacks jurisdiction; o The claim is already being litigated. If a compulsory counterclaim is not brought, and none of the above exceptions applies, then it is barred in this action and precluded in any future action.

POLICY: 13(a) really modifies the substantive rights of the parties against the Rules Enabling Act. But it promotes efficiency by requiring parties to bring claims which are available to them in one action. iii. Rule 13(g): Crossclaims??

A party may file any claim against a co-party arising from the same transaction or occurrence as the complaint or counterclaim, or relating to property involved in the transaction. Given the STO requirement, federal courts usually are able to exercise supplemental jurisdiction over crossclaims. Crossclaims are always optional and are never required. Once a crossclaim is filed, the parties become adversaries and the responding party must file any compulsory counterclaims against the claimant. c. Permissive Joinder of New Parties (Rule 20)

** Remember: there must always be PJ and SMJ over joined parties and claims. i. Joining as a Plaintif
Ps may join together in an action if:
? Their claims arise out of STO.
? There is at least one common question of law or fact.
? In diversity suits, joining the additional party does not destroy complete diversity.

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