Bar Exam: Civil Procedure - Joinder of Parties, Rule 19 Required, Rule 20 Permissive, Intervention

Joinder of Parties: Rule 19 (Required), Rule 20 (Permissive), Intervention

What Is This?

Joinder of parties refers to the process of adding or joining parties to a lawsuit, either by court order or by voluntary agreement. This is governed by Federal Rules of Civil Procedure (FRCP) 19 and 20, which dictate when parties must be joined and when they can be joined voluntarily.

Why It Matters

Joinder of parties is crucial in ensuring that all relevant parties are involved in a lawsuit, which can help resolve disputes more efficiently and effectively. Inadequate joinder can lead to inconsistent judgments, additional litigation, and wasted resources.

Core Concepts

• Required Joinder (FRCP 19): When a person or entity is necessary for a lawsuit to be decided fairly, they must be joined as a party. This includes situations where:
  • A person or entity has a significant interest in the lawsuit.
  • A person or entity is needed to protect their interests.
  • A person or entity is necessary to prevent inconsistent judgments.
• Permissive Joinder (FRCP 20): When a person or entity is not necessary for a lawsuit to be decided fairly, they can be joined voluntarily as a party. This includes situations where:
  • Multiple claims are joined in a single lawsuit.
  • Multiple parties are involved in a single claim.
• Intervention: When a person or entity is not a party to a lawsuit but wants to participate, they can file a motion to intervene.

How It Works (or Architecture)

1. The plaintiff files a complaint, naming the defendant(s) and stating the claims.
2. The defendant(s) respond with an answer, admitting or denying the allegations.
3. If a person or entity is necessary for the lawsuit to be decided fairly, the court may order them to be joined as a party (required joinder).
4. If a person or entity is not necessary but wants to participate, they can file a motion to intervene.
5. If multiple claims or parties are involved, the court may permit permissive joinder.

Hands-On / Getting Started

Prerequisites:

• Basic understanding of civil procedure and court rules.
• Familiarity with the FRCP.

Step-by-Step Minimal Example:

1. Identify the parties involved in the lawsuit.
2. Determine if required joinder is necessary.
3. If so, file a motion to join the necessary party(ies).
4. If not, consider permissive joinder or intervention.

Expected Outcome:

• A complete and accurate list of parties involved in the lawsuit.
• A fair and efficient resolution of the dispute.

Common Pitfalls & Mistakes

• Failing to identify necessary parties (required joinder).
• Failing to consider permissive joinder or intervention.
• Failing to follow court rules and procedures.

Best Practices

• Carefully identify necessary parties and consider required joinder.
• Consider permissive joinder or intervention when relevant.
• Follow court rules and procedures to avoid delays and costs.

Tools & Frameworks

Real-World Use Cases

1. Product Liability Lawsuit: A company is sued for a defective product that injured a customer. The court orders the company to join the manufacturer as a necessary party (required joinder).
2. Multi-Party Contract Dispute: Multiple parties are involved in a contract dispute. The court permits permissive joinder to resolve the dispute efficiently.
3. Environmental Lawsuit: A group of individuals files a lawsuit against a company for environmental damage. The court allows intervention by a government agency with relevant expertise.

Check Your Understanding (MCQs)

Question 1:

What is the primary purpose of required joinder (FRCP 19)?

A) To permit multiple claims in a single lawsuit B) To join a person or entity necessary for a fair decision C) To allow a person or entity to intervene in a lawsuit D) To dismiss a party from a lawsuit

Correct Answer: B) To join a person or entity necessary for a fair decision

Explanation: Required joinder is necessary when a person or entity is necessary for a fair and efficient resolution of the dispute.

Why the Distractors Are Tempting:

• A) Permissive joinder allows multiple claims in a single lawsuit, but it's not the primary purpose of required joinder.
• C) Intervention is a separate process that allows a person or entity to participate in a lawsuit, but it's not the primary purpose of required joinder.
• D) Dismissing a party from a lawsuit is not the purpose of required joinder.

Question 2:

What is the difference between required joinder and permissive joinder?

A) Required joinder is necessary for a fair decision, while permissive joinder is optional. B) Required joinder is optional, while permissive joinder is necessary for a fair decision. C) Required joinder is for individual claims, while permissive joinder is for multiple claims. D) Required joinder is for parties with a significant interest, while permissive joinder is for parties without a significant interest.

Correct Answer: A) Required joinder is necessary for a fair decision, while permissive joinder is optional.

Explanation: Required joinder is necessary when a person or entity is necessary for a fair and efficient resolution of the dispute, while permissive joinder is optional and allows multiple claims or parties to be joined voluntarily.

Why the Distractors Are Tempting:

• B) This option is incorrect because required joinder is necessary, not optional.
• C) This option is incorrect because required joinder is for parties with a significant interest, not individual claims.
• D) This option is incorrect because required joinder is for parties with a significant interest, not parties without a significant interest.

Question 3:

What is intervention in the context of joinder of parties?

A) A person or entity joins a lawsuit as a party. B) A person or entity is dismissed from a lawsuit. C) A person or entity participates in a lawsuit without being a party. D) A person or entity files a motion to dismiss a party from a lawsuit.

Correct Answer: C) A person or entity participates in a lawsuit without being a party.

Explanation: Intervention allows a person or entity to participate in a lawsuit without being a party, which can be beneficial for resolving disputes efficiently.

Why the Distractors Are Tempting:

• A) This option is incorrect because intervention is not the same as joining a lawsuit as a party.
• B) This option is incorrect because intervention is not the same as being dismissed from a lawsuit.
• D) This option is incorrect because intervention is not the same as filing a motion to dismiss a party from a lawsuit.

Learning Path

1. Basics: Understand the concept of joinder of parties and the FRCP.
2. Required Joinder: Learn about the requirements for required joinder and how to file a motion to join a necessary party.
3. Permissive Joinder: Learn about the requirements for permissive joinder and how to file a motion to join multiple claims or parties.
4. Intervention: Learn about the requirements for intervention and how to file a motion to participate in a lawsuit without being a party.

Further Resources

• Federal Rules of Civil Procedure (FRCP)
• Local court rules and procedures
• "Civil Procedure" by Richard H. Field and Benjamin Shulman
• "Federal Rules of Civil Procedure" by the American Bar Association
• Courthouse News Service
• Law360

30-Second Cheat Sheet

1. Required joinder is necessary when a person or entity is necessary for a fair decision.
2. Permissive joinder is optional and allows multiple claims or parties to be joined voluntarily.
3. Intervention allows a person or entity to participate in a lawsuit without being a party.
4. FRCP 19 governs required joinder.
5. FRCP 20 governs permissive joinder.

Related Topics

1. Pleadings: Learn about the different types of pleadings, including complaints, answers, and motions.
2. Discovery: Learn about the different types of discovery, including depositions, interrogatories, and requests for production.
3. Trial Procedure: Learn about the different stages of a trial, including jury selection, opening statements, and closing arguments.