Federal Rules of Civil Procedure (FRCP) - Joinder

Permissive joinder

Required Joinder

Impleader

Interpleader --> fix pot

Intervention

(a): Requirements for joinder.

Persons may join if:
- same transaction, occurrence, or series of transactions or occurrences.
- common question of law or fact.

(b): defendants can seek severance when concerned about prejudice (ex guilt by association)
- court may “issue orders (ex an order for separate trials)

(a)(1): Is absent party X required?
complete relief without X
X interest that would be impaired?
inconsistent obligations?

(b)
prejudice to X or the existing parties
could prejudice be lessened or avoided
adequate relief for the plaintiff
would Π have an adequate remedy if the action were dismissed for nonjoinder? - ASK

1. Derivative liability between the suits
--> to the extent there is liablity

2. Privity between D and the impleaded party
--> some sort of liablity or duty owed

Considerations
• complicating the proceeding?
• same evidence
• unduly prejudicial

you need a fix pot and can plead in the alternative