Civil Procedure · Joinder

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MBE Civil Procedure: Joinder

This section covers the rules and principles governing joinder of parties and claims in civil procedure as applicable in the Multistate Bar Examination.

Overview

Joinder refers to the inclusion of additional parties or claims within a civil action. The Federal Rules of Civil Procedure provides guidance on how plaintiffs and defendants can join multiple parties or claims to achieve expediency and economy in litigation. Primary forms of joinder include permissive joinder (Rule 20), compulsory joinder (Rule 19), and the joinder of claims (Rule 18). Understanding the nuances of these rules is critical for determining the appropriateness of including various parties or claims and can significantly impact the conduct of a lawsuit.

The Multistate Bar Examination tests joinder concepts through various factual patterns that may focus on whether certain parties can be joined as plaintiffs or defendants, whether claims can be joined, and the repercussions of allowing or denying joinder. Analyzing these scenarios requires a solid grasp of both the procedural rules as well as the substantive implications of joinder on jurisdiction and venue.

Students should also be aware of exceptions and special considerations, such as the implications of jurisdictional limits, state law variations, and the necessity of diverse citizenship where applicable. Mastery of this topic ensures that examinees can navigate through complex litigation issues effectively while avoiding pitfalls in basic procedural requirements.

Key Rules
  1. Rule 18: Joinder of Claims
  2. Rule 19: Required Joinder of Parties
  3. Rule 20: Permissive Joinder of Parties
  4. Rule 21: Misjoinder and Nonjoinder of Parties
  5. Rule 42: Consolidation; Separate Trials
Common Question Patterns
  • Identifying whether a party must be joined if feasible under Rule 19.
  • Determining whether a claim may be joined based on Rule 18.
  • Evaluating permissive joinder of parties and its implications on diversity jurisdiction.
  • Analyzing the effects of misjoinder on an ongoing case.
  • Assessing the legal consequences of failing to join a necessary party.
Practice Questions

1. Plaintiff is suing Defendant for breach of contract and wants to join an additional Defendant who also breached a similar contract. Both Defendants are not related. Can the Plaintiff join the additional Defendant?

A. A) Yes, if the claims arise out of the same transaction or occurrence.(Correct)

B. B) Yes, under Rule 19 as a necessary party.

C. C) No, because both Defendants are unrelated.

D. D) No, because only one Defendant can be joined.

Explanation: Under Rule 20, parties may be joined if the claims arise out of the same transaction or occurrence and there is a common question of law or fact.

2. In a products liability suit, Plaintiff wants to join a co-defendant from another state. The Plaintiff is also from a different state. Is this joinder permitted?

A. A) Yes, because all parties can be joined regardless of their states.

B. B) Yes, if the claim arises from the same transaction or occurrence.

C. C) No, because it destroys complete diversity.(Correct)

D. D) No, because Rule 19 prohibits diversity.

Explanation: Joining a co-defendant from another state would destroy complete diversity, making this joinder impermissible under 28 U.S.C. § 1332.

3. Defendant in a negligence case argues that a necessary party who could significantly impact the outcome was not joined. Under what rule might this issue arise?

A. A) Rule 18

B. B) Rule 19(Correct)

C. C) Rule 20

D. D) Rule 42

Explanation: This scenario pertains to Rule 19, which deals specifically with necessary parties and whether they must be joined.

4. If a party is misjoined, which rule provides guidance on how to address the issue?

A. A) Rule 19

B. B) Rule 20

C. C) Rule 21(Correct)

D. D) Rule 18

Explanation: Rule 21 addresses misjoinder and nonjoinder of parties and allows the court to drop a misjoined party.

5. Plaintiff has multiple claims against the same Defendant based on unrelated incidents. Can Plaintiff join these claims in one lawsuit?

A. A) Yes, under Rule 20.

B. B) No, under Rule 18.

C. C) Yes, under Rule 18.(Correct)

D. D) No, no claims can be joined.

Explanation: Under Rule 18, a party may join as many claims as they have against an opposing party, even if the claims are unrelated.

Test-Taking Tips
  • Always identify whether claims arise from the same transaction or occurrence when considering joinder.
  • Carefully analyze jurisdictional issues, especially concerning diversity and the citizenship of the parties.
  • Understand the definitions of necessity under Rule 19 to determine if a party must be joined.
  • Practice distinguishing between permissive and compulsory joinder as they apply to different fact patterns.
  • Read the fact pattern thoroughly to spot clues that indicate misjoinder or the necessity of joining additional parties.

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