Joinder and Interpleader -- Model Answers

Joinder and Interpleader -- Model Answers - Joinder The...

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Joinder The exam question usually begins w/ a question of whether a Rule 12(b)(7) motion to dismiss is appropriate. Rule 12(b)(7) – Failure to Join a Party under Rule 19 Failure to state this defense in a Rule 12 pre-answer motion does NOT waive it. Failure to join a party required by Rule 19(b) is preserved under Rule 12(h)(2). It can be asserted in any pleading (including the answer, even if omitted from pre-answer motion), on a motion for judgment on the pleadings [12(c)], or at trial. NOTE, while you can raise this at any time, you CANNOT raise it after a pre-answer motion but before an answer, if you have already made a pre-answer motion that did NOT include it. This would be making 2 pre- answer motions, which goes against 12(g), UNLESS the defense was not available at the time the pre-answer motion filed [for example, when you move for a 12(e)]. Required Joinder of Parties – Rule 19 Analysis: 1. Is a party required under Rule 19? a. Rule 19(a)(1)(A) – a party is required if in that person’s absence, the court cannot accord complete relief among existing parties O R i. Beware: This doesn’t apply to a joint and severally liable tortfeasor because a π can get full relief from either tortfeasor. b.
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Joinder and Interpleader -- Model Answers - Joinder The...

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