CivPro_Reynolds - Civil Procedure Basic Joinder 13(a)...

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Civil Procedure Basic Joinder 13(a) Compulsory C/C (Same Trans/Occur./Series of) π 1 or 13(b) Permissive C/C (Diff Trans/Occur) ║ 20 Permissive Joinder ←---------------------v---------------------------- 1 (becomes 3 rd party π ) via 13(g) ║ Same Trans/Occur./Series -----Claim 1--------v------------------------→ 13(g) ↑ 13(a) or (b) C/C ║ Common Q of Law/Fact ------Claim 2-------v-----------------------→ Cross-Claim π 2 18(a) multiple claims (no relation necessary) 2 ──────── 3 ( 1 & 2 are joined by 20) Impleader—14 (Liable or part/all of 2’s liability to π ) Party joinder 20: same trans/occurrence, common Q of law or fact (for ’s: joint, severally, or in the alternative liable) 2 tests: same evidence test, logical relationship test (dominant) Counterclaims: 13(a) compulsory are mandatory, permissive is anything that’s not s t/o. c/c should be raised in answer. Crossclaims: Against co-party, must be out of same t/o, always permissive. May require 13(a) or allow 13(b). Multiple claims: 18(a) Party can join as many claims as they have against opposing party, court must have SMJ. Once a proper13(g) is filed against a co- , 18(a) allows any other claims against 2 unrelated to t/o. Impleader: 14 A 3 rd party liable for all or part of 1’s liability to π . The third party may make cross- and counterclaims against 3 rd party π and other 3 rd party s as provided by rule 13. The third party may assert any defenses to the original π ’s claims, as well as any claims against the original π any claims arising out of the STO. Original π may assert any claim against the 3 rd party arising out of the same STO. π s can only bring in 3 rd parties if they themselves become defendants through c/c. Subject Matter Jurisdiction (Power of Fed. Ct. to hear π ’s case) States can also hear these cases § 1331 Fed Q: Dist Ct has original jurisdiction over claims arising under federal law, treaties, Constitution o Well Pleaded Complaint Rule: Fed. complaint must be basis for action ( π must bring it up). Anticipated defense ≠ fed claim § 1332 Diversity: o Domicile: Parties must be diverse & Individ: only has 1; must have intent to stay Corp: usu. 2: incorporation + principle place of business (ppb) –nerve center test 2 aliens are not considered diverse Determine domicile diversity when case is filed, if non-diverse is dismissed before trial, fed ct can claim diversity o > $75,000 A single π can aggregate claims against Can aggregate when multiple π ’s claims are factually related/involve jointly owned property Can’t aggregate where damages pled in the alternative, only one π needs a claim > $75,000. Must be legal certainty amt, interest is excluded. Non-monetary relief: value of injunction to π , cost to . Some cts have argued that amt may be met if argues c/c when added to complaint >$75,000 then diversity jurisdiction.
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This note was uploaded on 03/03/2010 for the course LAW 28465 taught by Professor Carson during the Fall '09 term at University of Texas at Austin.

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CivPro_Reynolds - Civil Procedure Basic Joinder 13(a)...

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