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Civ pro question (rule 20)

Posted: Tue Dec 27, 2011 11:34 pm
by Ineedhelpplease
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.

Re: Civ pro question (rule 20)

Posted: Tue Dec 27, 2011 11:48 pm
by portaprokoss
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.

Re: Civ pro question (rule 20)

Posted: Tue Dec 27, 2011 11:53 pm
by D'Angelo
well FRCP 20 is not only for original Ps, because the exception for rule 20 in 28 USC ยง1367(b) doesn't apply for original Ps? same idea I think for crossclaims...