Civ Pro II - I A B C D Joinder of Claims 42 Compulsory...

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I. Joinder of Claims (Rules 13, 18, 42) A. Compulsory Counterclaims 13(a) –serves judicial economy to settle claims at same time. If a claim arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim-its assertion is compulsory. Test - Does it arise from same transaction-logically flow from transaction. ’s failure to bring a compulsory claim counterclaim results in preclusion of bringing it in a future litigation by rules of res judicata - the matter has been decided. Exceptions-Claims that are not compulsory even though they are from the same transaction or occurrence from the Π ’s claim: 1. 13(a)(1) If it at time of commencement, claim was subject of another pending action. 2. 13(a)(2) Claims against the are in rem or quasi in rem. 3. 13(e) Counterclaim not yet mature. Claim either matures or is acquired after pleading, may be presented as counterclaim in supplemental pleading. 13(f) allows the court to grant leave “ when justice so requires” to a party who has failed to set up a counterclaim by amendment during the original action, after trial has begun. Compulsory Counterclaims is w/in Fed court’s Supp j/d & requires no separate SMJ. B. Permissive Counterclaims 13(b) Party may bring counterclaim against an opposing not arising out of same transaction or occurrence . It could be brought at a later time as a separate suit. Has to have its own grounds for SMJ b/c not covered by Supplemental J/d C. Counterclaims (generally) A counterclaim may be made against any opposing party. 13(a) or (b). A v B, then B can counterclaim vs A A Π may a counterclaim to a counterclaim. Counterclaim will be compulsory if it arises from same transaction. A v B, B counterclaims, A can counter that counterclaim if need be. D. Cross Claims 13(g) A claim by a party against a co-party, it must arise out of same transaction as the claim or counterclaim. Either trying to get contribution or indemnification. A v B, C, D. B can cross claim vs C or D. Could also sue for damages such as A v B, C. B cross- claims C, C could bring permissive c/c not arising from same transaction. 13(h) -Can bring in additional parties pursuant to Rules 19/20. A v B, C. B can cross claim C and bring in D. 1
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II. Third-Party Practice (Impleader) (Rule 14) Impleder - bringing in a party not in the original matter who may be liable to the original . Rule 14 provides procedure for indemnification and contribution. Derivative liability- liable to original - 14(a)(4 th sent) Because there must be derivative liability, its implied that the claims must arise from the same transaction. Third party Π may plead in alternative that neither he nor 3 rd party Δ is liable. -Impleador is discretionary,
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This note was uploaded on 05/01/2008 for the course LAW 809 taught by Professor Abramson during the Spring '08 term at University of Louisville.

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Civ Pro II - I A B C D Joinder of Claims 42 Compulsory...

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