Civil Procedure II

Joinder (part 2) - Rules 19, 24

Professor Reichi Lee

Spring 2020

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This Week’s Objectives: 3/10, 3/12

● This week: Rules 14, 19, 24, 22 (not tested)

● Quiz Builder #3 review
● Self grade Rule 15
● Problem in casebook, p. 643
● Classes moving online? Stay tuned.

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 Compulsory Joinder (Rule 19): Certain
Joinder of Parties non-parties (absentees) must be joined,
when feasible:
(cont.)
1) Without that absentee, court cannot
grant complete relief among the
existing parties; or
2) Absentee has an interest in the lawsuit
and their ability to protect that interest
will be impaired if they don’t participate
in the lawsuit; or
3) Leave an existing party at risk of
multiple or inconsistent obligations.
 Compulsory Joinder (cont.)

Joinder of Parties When feasible means:

(cont.) 1) There is PJ over the absentee, and

2) Joining the absentee will not destroy diversity.
3) Joining the absentee would destroy venue.

If an absentee cannot be joined, the court must

decide whether to proceed without the absentee or
dismiss the case. Factors:

1) Prejudice to the parties or absentee if case

goes forward?
2) Can the court shape the judgment to avoid
prejudice?
3) Whether a judgment in that party’s absence
would be adequate?
4) Would P have an adequate remedy (i.e. another
forum?) if case dismissed?
Helzberg Diamond Shops v. Valley West Shopping Center

Federal court - diversity jrx

Injunction
Torrington Mark Yost
DE

Rule 19?
INA
DE
 Compulsory Joinder (cont.)

Joinder of Parties 3 Steps for Rule 19 Analysis:

(cont.) 1) Is there an absentee that should be joined

under Rule 19? (see 3 scenarios)
2) If yes, would joinder be feasible? (i.e. no
jurisdiction issues)
3) If joinder is not feasible, could the court
proceed without that absentee or should it
dismiss the lawsuit entirely? (see 4 factors)
 Intervention (Rule 24): A nonparty
Third Party Practice (intervenor) may petition the court to
intervene in a lawsuit if it claims to have an
(cont.) interest in the lawsuit.

2 Types:

● Intervention of right = substantial

interest + would be impaired if not
joined + interest not already
represented by the parties.
● Permissive intervention = when the
intervenor’s claim or defense shares a
common question of law or fact w/ the
main action. Judge has discretion.