Civil Procedure Flow Chart For Joinder Of Parties And Claims
Joinder of parties refers to the process of bringing in additional parties to a lawsuit. This process is governed by the civil procedure rules, which provide a framework for how parties can be joined to a lawsuit. Joinder of claims, on the other hand, refers to the process of bringing in additional claims to a lawsuit. This article will discuss the civil procedure flow chart for joinder of parties and claims.
Types of Joinder
There are two types of joinder: permissive joinder and compulsory joinder. Permissive joinder is when parties are added to a lawsuit at the discretion of the court. Compulsory joinder, on the other hand, is when parties are required to be added to a lawsuit based on the nature of the claims.
Permissive Joinder
Permissive joinder is governed by Rule 20 of the Federal Rules of Civil Procedure (FRCP). This rule allows plaintiffs to join in one action all the claims they have against a defendant, even if the claims are unrelated. Plaintiffs may also join additional defendants who are involved in the same transaction or occurrence.
The court may allow permissive joinder if the claims arise out of the same transaction or occurrence, and if they involve common questions of law or fact. The court may also allow permissive joinder if it will not prejudice any of the parties involved.
Compulsory Joinder
Compulsory joinder is governed by Rule 19 of the FRCP. This rule requires parties to be joined if their absence would prevent the court from granting complete relief or if they have an interest in the subject matter of the lawsuit.
Under Rule 19, the court must first determine whether the absent party is necessary to the lawsuit. If the party is necessary, the court must then determine whether the party can be joined. If the party cannot be joined, the court must decide whether the lawsuit can proceed without the party.
Joinder of Claims
Joinder of claims is governed by Rule 18 of the FRCP. This rule allows plaintiffs to join as many claims as they have against a defendant, even if the claims are unrelated.
Under Rule 18, the plaintiff may join any claims that arise out of the same transaction or occurrence, or that involve common questions of law or fact. The court may also allow joinder of claims if it will not prejudice any of the parties involved.
Conclusion
Joinder of parties and claims is an important part of the civil procedure process. It allows for a more efficient and comprehensive resolution of legal disputes. Understanding the civil procedure flow chart for joinder of parties and claims is essential for anyone involved in a lawsuit.