Compulsory Joinder of Parties

Compulsory Joinder of Parties - A. Compulsory Joinder of...

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A. Compulsory Joinder of Parties ( rule 19) Rule 19: Joinder Process: Step 1: Who is a necessary party? (necessary party must be joined if feasible) o Complete relief o Prejudice (protect non-party’s interest or inconsistent liability)? If person has not been joined, Court shall order the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. Step 2: Do the satisfy personal jurisdiction, subject matter jurisdiction, venue? o Even if you satisfy 19(A) requirement; Sometimes you cant be joined (destroys diversity, no personal jurisdiction or venue) o If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action. Step 3: Can they be brought in through Impleader/interpleader? o Where rule 19 is not available b/c it will destroy jurisdiction or venue – P or D may be able to use interpleader instead o Interpleader: stakeholder cant claim that absent claimants are indispensable under rule 19 when it has the power to bring them in through defensive interpleader Step 4: Are they indispensable (meaning the suit must be dismissed)? o
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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Compulsory Joinder of Parties - A. Compulsory Joinder of...

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