Pleading, Joinder of parties/claims
An amendment will relate back to the date of the first filing to avoid the statute of limitations if the new claim concerns the same conduct or transaction or occurrence.
To join a new defendant, the amendment will relate back if (1) it concerns the same conduct or transaction or occurrence, (2) the new party knew of this case within 90 days of filing, and (3) the new party knew that but for mistake, they would have been named originally.
Permissive joinder
A new party may be joined if the claim (1) arises out of the same transaction or occurrence AND (2) shares a common question of fact or law.
Compulsory joinder (necessary party?)
A new party must be joined as a necessary party if; (1) complete relief cannot be given to existing parties without the absentee, or (2) the absentee's interest will be impaired or impeded without their presence, or (3) the existing party would be subject to multiple or inconsistent obligations.
The court must have (1) personal jurisdiction over the new party, and their addition (2) must not destroy subject matter jurisdiction (i.e., adding the party cannot destroy diversity) or (3) must not violate venue rules.
Compulsory joinder (indispensable and dismiss the claim?)
If new party is necessary but cannot be joined due to lack of PJ or SMJ, the court will determine whether party is (1) indispensable and dismiss the whole action, OR (2) not indispensable and proceed without the necessary party.
Factors that will be considered in making such a determination are (1) the extent of prejudice that may result, and (2) adequacy of judgement or remedy.
Impleader (defendant → third-party defendant)
A defending party can add a third-party defendant in order to seek indemnity, subrogation, or contribution. A defendant may serve a third-party claim only on a nonparty who is (or may be) liable to the defendant for all or part of the main claim under FRCP 14.
Regarding subject matter jurisdiction, supplemental jurisdiction applies.
Intervention as a matter of right (non party → party)
A nonparty may intervene and claim an interest in the property /transaction that will be impaired, if existing party cannot adequetly represent that interest.
Permissive intervention (non party → party)
Even though a nonparty cannot intervene as a matter of right, the court may permit intervention if the party has a claim or defense that shares with the main claim a common question of law or fact. (no need of impair)
Statutory Interpleader (property holder → potential claimants)
- Subject matter jurisdiction (diversity jurisdiction)
Statutory interpleader requires only that (1) one claimant must be diverse from one other claimant, (2) the amount in controversy must be $500 or more (28 U.S.C. 1335, minimal diversity). (3) The stakeholder must be willing to either deposit the property at issue with the court or post a bond in an appropriate amount.
- Personal Jurisdiction
Personal jurisdiction exists over any claimant who is served with process anywhere within the U.S, because statutory interpleader allows nationwide service of process.
- Venue
Venue is proper in any judicial disctrict where any claimant resides
Rule 22 interpleader (property holder → potential claimants)
- Subject matter jurisdiction (diversity jurisdiction)
Rule 22 interpleader requires that the stakeholder must be (1) diverse from every claimant and (2) the amount in controversy must exceed $75,000 (FRCP 22, same as normal SMJ diversity)
Joinder of claims
A party may join any number of type of claims against an opposing party under FRCP 18(a). These are not required to be related to the original claim.
Joinder of compulsory counter claim
A compulsory counterclaim must be raised, or it is waived. It applies when there is a common nucleus of operative fact, i.e. same transaction or occurrence under FRCP 13(a).
Regarding subject matter jurisdiction, supplemental jurisdiction applies.
Joinder of permissive counter claim
Permissive counterclaim do not arise from the same transaction or occurence and may be raised in the pending case or in a separate case.
No supplemental jurisdiction, must have an independant subject matter jurisdiction.