However, sometimes another party has a role in the lawsuit, or there may be additional legal claims which arose out of the same controversy.
In these situations, joinder may be invoked to combine these parties and claims.
If the court determines that the case cannot go on without the necessary party over whom the court has no jurisdiction, the court must dismiss the case. In addition to the joinder of parties, the rule also permits the joinder of claims. Take the following example: In the above example, John may be responsible for the damage sustained by Craig’s car (if John was negligent). John alleges that had it not been for Susan’s negligent driving, John would not have struck Craig’s car.
Rule 18 of the Federal Rules of Civil Procedure permits the joinder of any claims a party may have against another party, even if they arise out of a different transaction or series of events. For example: Regarding both joinder of parties and claims, the other rules contained in the Federal Rules of Civil Procedure apply, such as the rules regarding service of process, jurisdiction, motion practice, and pleading rules. Therefore, John asserts that Susan should be held liable for some or all of the damages imposed by Craig’s lawsuit against John.
Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that party’s rights with regard to property at issue in the lawsuit.
Intervention: Intervention is the process by which a third party is allowed to join a lawsuit.
There are two types of intervention: This subchapter focuses on the different procedures for adding parties and claims to a lawsuit.Rule 18 permits the joinder of claims or remedies that a plaintiff may have against a defendant.Rules 19 and 20 establish the procedures and requirements for joinder of parties.The federal rules offer a useful model from which one can gain knowledge of these concepts; such knowledge can be transferred to gain an understanding of the rules in any jurisdiction.is a process by which parties and claims are added to an ongoing lawsuit.