VII. FEDERAL RULES OF CIVIL PROCEDURE
B. Service of Process
C. Time Extension
E. Provisional Remedies
H. Duty of Disclosure
I. Pretrial Conferences
- (1) Claims: P may join as many claims as it has against D regardless of whether any connection b/t claims.
- (2) Parties: P may join parties to lawsuit if claims derive from same transaction or occurrence or at the very least the same series of transactionS or occurenceS.
- Permissive: DOES NOT derive from same transaction or occurrence and MAY be filed but need not be.
- Compulsory: DOES derive from same transaction or occurrence and MUST be filed OR WAIVED.
IMPLEADER: 3P claims. "D may implead a brand new claim against a brand new 3P D if
new 3P D may
be liable to D for all
of Ds same liability to P.
- INTERPLEADER: Holder of a common fund may file a lawsuit as a P and interplead (join) as Ds all rival claimants to its common fund (ex: ins policy).
- Rule, traditional: must be complete diversity & AIC must exceed $75,000.
- Rule, statutory: Minimal diversity & AIC must exceed $500.
INTERVENTION: Nonparty may intervene and become a party as of right: if
he has interest that will be adversely affected by the lawsuit and not properly protected by the parties, or permissively: if
commonality of issues b/t (judge has discretion).
INDISPENSABLE PARTIES: A nonparty MUST
be joined if his absence would be prejudicial to any party's rights to a full & fair adjudication, but if
party CANNOT be joined due to lack of PJ or SMJ, then
court must decide in equity & good conscience
whether to dismiss the entire action for failure to join an indispensible party.
CLASS ACTIONS: Action in which a named P represents a class of commonly situated absent Ps. Under Class Action Fairness Act (CAFA) the Fed Cts also have J over: class actions of (i) 100 or more Ps, (ii) who together seek excess of $5 million, and (iii) minimal diversity exists (1 P from different state than 1 D).
- CERTIFICATION: (CANT)
- Commonality: Common issues of fact or law w/common claims & injuries.
- Adequacy: Named Ps must fairly & adequately represent the class.
- Numerocity: Class must be so numerous that joinder of them all would be impracticable.
- Typicality: Claims of named Ps must be typical of the class.
- +2 more certification requirements if seeking money:
- 5. Predominance: Common issues predominate over the individual issues.
- 6. Superiority: Class action device is superior method of adjudicating the many claims.
- + 2 more Constitutional requirements if seeking money:
- 7. Notice: Entire class must receive notice.
- 8. Opportunity: Entire class must have opportuinty to opt out.