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