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
THE PARTY SIMILE Party Joinder & Discovery
Joinder Who to invite
Must May
Discovery What information need? How get it?
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
THE PARTY SIMILE Compulsory Joinder
Party/Fundraiser Some obligatory invitees Whether you want to, or not
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
THE PARTY SIMILE Intervention
Party/Fundraiser Guests ever get to invite themselves?
Lawsuit Sometimes folks can “crash” the
lawsuit “Intervention” FR 24
POLICY CONCERNSJoinder
Fairness to plaintiff Control lawsuit
Fairness to non-parties Will lawsuit affect rights?
Efficient dispute resolution Avoid duplicative lawsuits Avoid “monster” lawsuits
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
THE PARTY SIMILE Discovery
Party preparation Information gathering
Informal – ask around Be direct
Oral Written note
Limits on what’s permissible
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
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