Civ pro question (rule 20)

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Ineedhelpplease
Posts: 200
Joined: Thu Apr 08, 2010 11:51 am

Civ pro question (rule 20)

Postby Ineedhelpplease » Tue Dec 27, 2011 11:34 pm

I was trying to figure out in a case where a P joins multiple ds under rule 20a2, can d1 then cross claim against d2?

My confusion is twofold:
1. Is rule 20a only available to plaintiffs
2. Is a cross claim ONLY available for original defendants and would defendants joined under rule 20 count as original defendants (in everything I read a cross claim is JUST against co-parties no mention of original and it's permissive)


I currently think that rule 20 is a tool that the p can use at the outset to determine who the parties are going to be and a defendant would then be able to cross claim.

portaprokoss
Posts: 218
Joined: Wed Nov 23, 2011 2:40 pm

Re: Civ pro question (rule 20)

Postby portaprokoss » Tue Dec 27, 2011 11:48 pm

1) My understanding is that 20 is for Ps, but not necessarily original Ps.

2) Cross claims are against a co-party: Ps, Ds, third-party Ds, whatever.

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D'Angelo
Posts: 165
Joined: Sun Aug 28, 2011 10:29 am

Re: Civ pro question (rule 20)

Postby D'Angelo » Tue Dec 27, 2011 11:53 pm

well FRCP 20 is not only for original Ps, because the exception for rule 20 in 28 USC §1367(b) doesn't apply for original Ps? same idea I think for crossclaims...




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