Device:

Rule(s):
Used by:

Used for:

Requires:

Permissive
Joinder of
Claims

Permissive Joinder of
Parties

Counterclaim/Crossclaim

Intervention

Interpleader

Required Joinder

18(a)
Any parties
asserting a
claim
Joining
claims

20(a)
's and 's

13
Counterclaim: Pleader Opposing Party
Crossclaim: Pleader Coparty

14
(third-party ) and 's if claim is
brought against it

24
Nonparties seeking to
join

22(a)

19
Court

Joining parties (banding

together)

Collecting/adding claims in reaction to claims

brought by opposing party.

Bringing in nonparty (third-party )

who is liable to for all/part of 's
claim against

s: (1) assert joint right

to relief arising from
same T/O/S, AND (2)
common question of
law/fact will arise

13(a) COMPULSORY COUNTERCLAIMS

At time of service, party must state any claims
against an opposing party:
(1) arising out of same T/O, and
(2) that does not require new party that
destroys jurisdiction

14(a)(1) Derivative liability:

Third-party

Adding
parties to
whom may
be liable
may join as
any person
with claims
that may
expose to
double or
multiple
liability.

Adding parties who have a stake in

the litigation

Party may
join any
claims, even
unrelated,
against
opposing
party,
including
contingent
claims

An avenue for
nonparties to enter
litigation to protect
their interests
24(a) BY RIGHT
Court must permit
intervention of anyone
who:
(1) has statutory right
to intervene, or
(2) claims interest
relating to property or
transaction and
disposing of action
without that party may
impede ability to
protect interest

s:(1) right to relief

asserted against them
jointly/arising from
same T/O/S, AND (2)
common question of
law or fact will arise

13(b) PERMISSIVE COUNTERCLAIMS

At time of service, party may state:
(1) any claim not compulsory
(2) against an opposing party
13(g) CROSSCLAIMS (not compulsory)
(1) claim arises from same T/O as subject of
original action, or
(2) claim relates to any property that is subject
of original action

Common
law:

Impleader

EXCEPTIONS
13(a)(2) Crossclaims not compulsory if:
(1) when action was commenced, claim was
subject of a pending action, or
(2) opposing party sued by attachment or other
process

14(a)(3) third-party : MAY

assert any claim arising out of same
T/O. Then, third-party MUST
assert Rule 12 defenses and 13(a)
compulsory counterclaims, MAY
assert 13(b) permissive
counterclaims or 13(g) crossclaims.

13(e) Court may permit supplemental pleading

to include a counterclaim arising after serving
an earlier pleading.

14(b) may implead, once claim

brought against it, if rules allow
to do so.

FACTOR TEST (weighed together in

deciding to join/sever):
Whether issues sought to be tried
separately are significantly different
from one another
Whether separable issues require
testimony from different witnesses and
different documentary proof
Whether party opposing severance will
be prejudiced if it is granted

14(a)(2) ONCE IMPLEAD, THIRDPARTY :

(A) MUST assert Rule 12 defenses
against
(B) MUST assert 13(a) compulsory
counterclaims against , and
MAY assert 13(b) permissive
counterclaims
(C) MAY assert against any
defense has to 's claim
(D) MAY assert against any claim
arising out of same T/O that is
subject of action

Jewelry store owner Insurance

company Gross
SAME TRANSACTION/OCCURRENCE?

Are issues of fact and law largely the

same?

Would the claim be precluded in a

subsequent suit?

Would substantially the same evidence be

required?

Is there any logical relation?

NOT: evil twin example

24(b) PERMISSIVE
Anyone may
intervene, on timely
motion, who:
(1) has statutory right
(2) asserts claim
sharing common
question of law/fact
24(c) Motion must
state grounds and
include pleading of
original action.

NIPSCO: To intervene
of right, must move
once knows/should
know action will
effect interests.
Interest must be direct
and significant, belong
to proposed
intervenor.

may
interplead any
party to which
it may be
liable for
same claim as

Proper even
if:
(1) claims
lack a
common
origin, are
adverse or
independent
(2) denies
all or part of
any liability

Would the
real Roy
Adams please
stand up? Or
insurance
company may
interplead
you.

19(a) REQUIRED PARTY:

Party who will not deprive court of
jurisdiction MUST be joined if:
(1) court cannot afford complete
relief without party, or
(2) party claims an interest relating
to subject of action and disposing of
action without that party may:
(a) practically impair party's ability
to protect that interest, or
(b) leave existing party subject to
multiple or inconsistent liabilities
19(b) INDISPENSABLE PARTIES:
If required party cannot be joined,
court must determine whether action
should proceed, considering:
1) extent to which absent party
may be prejudiced by a
judgment
2) extent to which any prejudice
could be lessened by protective
measures in the judgment,
shaping the relief, or other
measures
3) whether judgment would be
adequate
4) whether would have
adequate remedy if action were
dismissed for nonjoinder.
Temple: Joint tortfeasors are
permissive parties, not 19(a)
necessary parties.
Daynard: Co-obligors are necessary
but not indispensible. An action to
set aside a contract requires all
parties to contract to be joined.
Rejects persuasive precedent
argument in determining whether
party's ability to protect interest will
be impaired.

Whether party requesting severance will

be prejudiced if it is not granted