Black-letter propositions
- 01
Rule 18 permits any claims against an opposing party; Rule 13 distinguishes compulsory same-transaction counterclaims from permissive counterclaims.
- 02
Rule 20 permits parties whose claims arise from the same transaction or occurrence and share a common question.
- 03
Rule 19 requires joinder of a needed party when feasible and a pragmatic dismissal inquiry when joinder is impossible.
- 04
Rule 14 allows a defending party to implead a nonparty derivatively liable for the plaintiff's claim.
- 05
Intervention of right protects an impaired interest not adequately represented; permissive intervention rests on a common question.
- 06
Interpleader protects a stakeholder facing rival claims to one stake.
Use this attack sequence under time
Frame the issue
Name the device and its elements.
Resolve the next checkpoint
Test jurisdiction independently, including section 1367(b).
Resolve the next checkpoint
Determine whether any claim is compulsory.
Finish the conclusion
For Rule 19, separate needed, feasible, and indispensable inquiries.
Common wrong turns
- Impleader is derivative, not a vehicle for 'the third party is solely liable to the plaintiff.'
- A compulsory counterclaim generally is lost if omitted.
- Necessary and indispensable are not interchangeable stages.
Worked example
A contractor sued for defective work impleads a subcontractor under an indemnity agreement.
Impleader is proper because the subcontractor may owe the contractor all or part of any liability the contractor incurs to the plaintiff; it is derivative rather than merely an independent claim.
Practice this topic
Claims and parties
Rule 13(a) makes a counterclaim compulsory if it arises out of the transaction or occurrence that is the subject of the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction. Rule 13(b) allows permissive counterclaims. Rule 14(a) lets a defending party serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it, with leave required if filed more than 14 days after the original answer.
Rule 20 allows plaintiffs or defendants to be joined when a right to relief arises out of the same transaction, occurrence or series and a common question of law or fact will arise.
Required parties, interpleader and intervention
Rule 19(a)(1) requires joinder, if feasible, of a person subject to service whose joinder will not destroy subject-matter jurisdiction, if complete relief cannot be accorded in the person's absence or the person claims an interest such that disposing of the action may impair the interest or leave an existing party at risk of inconsistent obligations. Rule 22 lets persons whose claims may expose a plaintiff to double or multiple liability be joined and required to interplead.
Rule 24(a) requires the court to permit intervention on timely motion by anyone with an unconditional statutory right or who claims an interest relating to the property or transaction such that disposal may impair it, unless existing parties adequately represent that interest. Rule 24(b) allows permissive intervention for a common question of law or fact.
Frequently asked questions
What is the controlling rule for joinder, impleader, intervention, and interpleader?+
Joinder requires the correct procedural device and an independent jurisdictional basis or valid supplemental jurisdiction for each added claim.
How should I analyze joinder, impleader, intervention, and interpleader on the bar exam?+
Name the device and its elements. Test jurisdiction independently, including section 1367(b). Determine whether any claim is compulsory.
What is the most common joinder, impleader, intervention, and interpleader trap?+
Impleader is derivative, not a vehicle for 'the third party is solely liable to the plaintiff.' A compulsory counterclaim generally is lost if omitted. Necessary and indispensable are not interchangeable stages.
What makes a counterclaim compulsory?+
It arises out of the transaction or occurrence that is the subject of the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction, under Rule 13(a).
When may a defendant implead a third party?+
When the nonparty is or may be liable to the defendant for all or part of the claim against it, under Rule 14(a), with leave if filed more than 14 days after the original answer.
When is a person required under Rule 19(a)?+
When complete relief cannot be accorded without them, or they claim an interest that disposal in their absence may impair or leave an existing party at risk of inconsistent obligations.
What is interpleader under Rule 22?+
Joinder of persons with claims that may expose a plaintiff to double or multiple liability, who may be required to interplead, even if their claims lack a common origin.
What is the difference between intervention of right and permissive intervention?+
Rule 24(a) requires intervention on timely motion for an unconditional statutory right or an impaired interest, while Rule 24(b) permits it for a common question of law or fact.