Joinder

ule
Who is
making the
ction?
Who is
eing
oined?

elationshi
to
riginal
laim?

ssues/
uestions
o consider

Permissiv
e Party
Joinder

Compulsory Party
Joinder

Indispensible
Parties

Compulsory
Counter
claim

20
P: 20(a)

19(a)
Court 19(a)(2)

19(b)
Court 19(a)(2)

P2: 20(a)
(1)
D2: 20(a)
(2)

NP if feasible

(A): T/O
(B): CQLF

(A): cannot accord

complete relief
(B): interest related to
the action and not
joining would (i) impair
ability to protect that
interest
(ii) leave an existing
party subject to
multiple/inconsistent
obligations
Temple: rule does not
require the most
efficient packaging of
suits. Only if party is
necessary and meets
specific requirements

NP if not
feasible
(jurisdiction)
but
indispensible
in equity and
good
conscience
suit should
cont:
Prejudice,
adequacy,
other
remedies for P

13(a)
Any
opposing
party
Opposite
opposing
party

P is the
master
of the
suit
Mosley

Helzburg: not
applicable to
inconsistent
obligations
that are
imposed by
the party, not
the court (two
contracts)

(1)(A): T/O
(1)(B): does
not require
adding
someone
that court
cant get
jurisdiction

At the time
of service.
(2)(A):
Except if
the claim is
subject of
another
pending
action

Permissiv
e
Countercl
aim
13(b)
Any
opposing
party
Opposite
opposing
party

Cross Claim
(permissive)

Impleader

13(g)
Co-party

Any claim
that is not
compulso
ry

T/O; or
Claim related
to property
that is subject
matter of
original action

14
P: 14(b)
D: 14(a)
3
D-NP: 14(a)(5)
P-3P: 14(b)
D-3D: 14(a)
P-3D: 14(a)(3)
3
D-P: 14(a)(2)
(D)
Derivative
liability: pass
on liability to
3
D.

Other co-party

May include a
claim that the
co-party is or
may be liable
for all or part
of the original
claim
(indemnificati
on against a
party
ALREADY in
the suit,
otherwise use
14)

T/O: arising from the same transaction or occurrence, or series of transaction or occurences
Indicators (Plant): substantially the same evidence, logical relationship
Narrower view taken in Wingham
CQLF: any common question of law or fact
Joinder problems

Remember:
this brings in a
NEW party.

Price
D must obtain
court leave if
impleading 14
days after
serving org.
answer

Intervener

24
Court
NP if
1) Timely

24(a) of right
-statute; or:
2) claims an
interest in T/O
3) disposition will
impede ability to
protect
4) interests
arent
represented by
other party
24(b) permissive
- statute
conditional right
to interv.
- at least one
CQLF
24(c): notice
served to both
parties
24(b)(2): govt
agency
See: Natural
Resources &
Martin

20(b) allows for protective orders or separate trials to avoid prejudice

21 allows severance of improperly joined parties
42(b) allows court to split up claims for trial purposes