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THE PARTY SIMILE Party Joinder

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THE PARTY SIMILE. Party Joinder & Discovery. Party giver must decide. Who to invite ... THE PARTY SIMILE. Permissive Joinder. Party Giver/Fundraiser ... – PowerPoint PPT presentation

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Title: THE PARTY SIMILE Party Joinder


1
THE PARTY SIMILE Party Joinder Discovery
  • Party giver must decide
  • Who to invite
  • Who would you like to invite
  • Who must be invited
  • Advance information
  • Who cares about which issues
  • Who has money

2
THE PARTY SIMILE Party Joinder Discovery
  • Joinder
  • Who to invite
  • Must
  • May
  • Discovery
  • What information need?
  • How get it?

3
THE PARTY SIMILE Permissive Joinder
  • Party Giver/Fundraiser
  • Presumptive discretion
  • Who to give party with
  • Who to invite
  • Plaintiffs
  • Presumptive discretion
  • who to join with as plaintiffs
  • who to join as defendants
  • Permissive Joinder Rule 20

4
THE PARTY SIMILE Compulsory Joinder
  • Party/Fundraiser
  • Some obligatory invitees
  • Whether you want to, or not

5
THE PARTY SIMILE Compulsory Joinder
  • Party/Fundraiser
  • Some obligatory invitees
  • Whether you want to, or not
  • Plaintiffs
  • Discretion limited
  • If lawsuit will determine others rights
  • Compulsory joinder Rule 19

6
THE PARTY SIMILE Intervention
  • Party/Fundraiser
  • Guests ever get to invite themselves?
  • Lawsuit
  • Sometimes folks can crash the lawsuit
  • Intervention FR 24

7
POLICY CONCERNSJoinder
  • Fairness to plaintiff
  • Control lawsuit
  • Fairness to non-parties
  • Will lawsuit affect rights?
  • Efficient dispute resolution
  • Avoid duplicative lawsuits
  • Avoid monster lawsuits

8
SKILLS READING RULES
  • FR 20(a) Permissive Joinder of Parties (1st
    sentence)
  • All persons
  • May join in one action
  • As plaintiffs
  • if
  • They assert any right to relief
  • Jointly, severally, or in the alternative
  • In respect of or arising out of
  • The same transaction
  • occurrence, or
  • series of transactions or occurrences
  • And if
  • Any question of law or fact
  • Common to all these persons
  • Will arise in the action

9
THE PARTY SIMILE Discovery
  • Party preparation
  • Information gathering
  • Informal ask around
  • Be direct
  • Oral
  • Written note
  • Limits on whats permissible

10
THE PARTY SIMILE Discovery
  • Discovery Rules
  • Limits
  • Relevance Privileges
  • Rule 26(b)
  • Methods
  • Oral Depositions
  • Rule 30
  • Written Interrogatories
  • Rule 33
  • Produce documents
  • Rule 34

11
TAKE-AWAYS
  • Discovery
  • Fairness to plaintiff defendant
  • Can the parties get relevant information?
  • What about privacy/confidentiality concerns?
  • How much will it cost?
  • How long will it take?
  • Who benefits from delay?
  • Efficient resolution of disputes
  • Impact on system
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