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  • Joinder of Claims Under FRCP 18 and 13

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    Ronnie Barcena Jr.
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    FRCP 18 allows a plaintiff to join any and all claims against a defendant in a single lawsuit, regardless of whether the claims are related. FRCP 13 governs counterclaims by a defendant against a plaintiff and crossclaims between co-parties. A counterclaim must be compulsory if it arises from the same transaction or occurrence as the original claim but may be permissive if there is no relationship between the claims.

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    Civ Pro

    Original Title

    Joinder of Claims Chart

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    FRCP 18 allows a plaintiff to join any and all claims against a defendant in a single lawsuit, regardless of whether the claims are related. FRCP 13 governs counterclaims by a defendant against a plaintiff and crossclaims between co-parties. A counterclaim must be compulsory if it arises from the same transaction or occurrence as the original claim but may be permissive if there is no relationship between the claims.

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    © All Rights Reserved
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    2K views1 page

    Joinder of Claims Under FRCP 18 and 13

    Uploaded by

    Ronnie Barcena Jr.
    FRCP 18 allows a plaintiff to join any and all claims against a defendant in a single lawsuit, regardless of whether the claims are related. FRCP 13 governs counterclaims by a defendant against a plaintiff and crossclaims between co-parties. A counterclaim must be compulsory if it arises from the same transaction or occurrence as the original claim but may be permissive if there is no relationship between the claims.

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    © All Rights Reserved
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    JOINDER OF CLAIMS

    By Plaintiff
    FRCP 18 Joinder of Claims:
    Allows a party who has made a
    claim against another to join
    further claims with it against the
    same opponent. It authorizes
    claim joinder without limitation,
    regardless of whether the claim
    to be joined is related to the pre-
    existing claims or not, as long as
    the joined claim satisfies subject
    matter jurisdiction requirements.

    By Defendant
    FRCP 13
    Counterclaim
    (claim against
    opposing party)
    Logical
    Relationship Test
    (core of operative
    facts, STO)
    Yes STO,
    supplemental
    jurisdiction.
    No STO,
    independent basis
    for SMJ.
    Compulsory (must
    be brought)

    Permissive (can wait)

    FRCP 13(g):
    Crossclaim (claim
    against co-party)

    STO (core of
    operative facts)

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