Law School Discussion

Nine Years of Discussion
;

Author Topic: civ pro joinder question  (Read 629 times)

the guyyy

  • Newbie
  • *
  • Posts: 1
    • View Profile
civ pro joinder question
« on: November 29, 2012, 06:22:57 PM »
Plaintiff A is suing Defendants B and C
Can D join as coplaintiff if he only has a claim against B?
All claims arise out of the same O&T.
The real question is: can a party join as a coplaintiff if he only has a claim against one of the several defendants?

Groundhog

  • Global Moderator
  • Sr. Citizen
  • ****
  • Posts: 4023
    • View Profile
Re: civ pro joinder question
« Reply #1 on: November 30, 2012, 08:48:23 PM »
I believe so. It seems like arising out of the same T&O is the key. See

Code: [Select]
RULE 20. PERMISSIVE JOINDER OF PARTIES

(a) Persons Who May Join or Be Joined.

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all plaintiffs will arise in the action.

Note it does not have a particular requirement that the plaintiff claim relief from everyone.

Compare with below, the procedure for adding defendants:

(
Code: [Select]
2) Defendants. Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all defendants will arise in the action.

Finally, note:

Code: [Select]
(3) Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.

So I think if you had A suing B and C, because they arise from the same O&T, D can join.

If you had D suing C and D does not have a claim against B, obviously he couldn't add B, but then A could join and then get B involved.