Civil procedure: joinder

All of the Library

Library edition words from Federal Rules of Civil Procedure

Rules 13, 14, 18 to 20 and 24: counterclaims and crossclaims, third parties, joining claims and parties, and intervention.

Either way you get your own copy to change, add to and share.

Words from
Federal Rules of Civil Procedure (as amended to Dec. 1, 2025). Enacted law, free to use.
Edition
Federal Rules of Civil Procedure, as amended to Dec. 1, 2025 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Civil procedure · 39 cards · 6 topics

The cards

  1. FRCP 13Counterclaim and Crossclaim
  2. FRCP 13(a)(1): A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim
    1. 1arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim
    2. 2does not require adding another party over whom the court cannot acquire jurisdiction
  3. FRCP 13(a)(2): The pleader need not state the claim if
    1. 1when the action was commenced, the claim was the subject of another pending action
    2. 2the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule
  4. FRCP 13(b): Permissive CounterclaimA pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
  5. FRCP 13(c): Relief Sought in a CounterclaimA counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
  6. FRCP 13(d): Counterclaim Against the United StatesThese rules do not expand the right to assert a counterclaim—or to claim a credit—against the United States or a United States officer or agency.
  7. FRCP 13(e): Counterclaim Maturing or Acquired After PleadingThe court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
  8. FRCP 13(g): Crossclaim Against a CopartyA pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
  9. FRCP 13(h): Joining Additional PartiesRules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.
  10. FRCP 13(i): Separate Trials; Separate JudgmentsIf the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved.
  11. FRCP 14Third-Party Practice
  12. FRCP 14(a)(1): Timing of the Summons and ComplaintA defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer.
All 39 cards
  1. FRCP 14(a)(2): The person served with the summons and third-party complaint—the “third-party defendant”
    1. 1must assert any defense against the third-party plaintiff’s claim under Rule 12
    2. 2must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g)
    3. 3may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim
    4. 4may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff
  2. FRCP 14(a)(3): Plaintiff’s Claims Against a Third-Party DefendantThe plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).
  3. FRCP 14(a)(4): Motion to Strike, Sever, or Try SeparatelyAny party may move to strike the third-party claim, to sever it, or to try it separately.
  4. FRCP 14(a)(5): Third-Party Defendant’s Claim Against a NonpartyA third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.
  5. FRCP 14(a)(6): Third-Party Complaint In RemIf it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the “summons” includes the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right under Supplemental Rule C(6)(a)(i) in the property arrested.
  6. FRCP 14(b): When a Plaintiff May Bring in a Third PartyWhen a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.
  7. FRCP 18Joinder of Claims
  8. FRCP 18(a): In GeneralA party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
  9. FRCP 18(b): Joinder of Contingent ClaimsA party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.
  10. FRCP 19Required Joinder of Parties
  11. FRCP 19(a)(1): A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if
    1. 1in that person’s absence, the court cannot accord complete relief among existing parties
    2. 2that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may: (i) as a practical matter impair or impede the person’s ability to protect the interest; or (ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest
  12. FRCP 19(a)(2): Joinder by Court OrderIf a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.
  13. FRCP 19(a)(3): VenueIf a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.
  14. FRCP 19(b): When Joinder Is Not Feasible
    1. 1the extent to which a judgment rendered in the person’s absence might prejudice that person or the existing parties
    2. 2the extent to which any prejudice could be lessened or avoided by: (A) protective provisions in the judgment; (B) shaping the relief; or (C) other measures
    3. 3whether a judgment rendered in the person’s absence would be adequate
    4. 4whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder
    If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:
  15. FRCP 19(c): When asserting a claim for relief, a party must state
    1. 1the name, if known, of any person who is required to be joined if feasible but is not joined
    2. 2the reasons for not joining that person
  16. FRCP 19(d): Exception for Class ActionsThis rule is subject to Rule 23.
  17. FRCP 20Permissive Joinder of Parties
  18. FRCP 20(a)(1): Persons may join in one action as plaintiffs if
    1. 1they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences
    2. 2any question of law or fact common to all plaintiffs will arise in the action
  19. FRCP 20(a)(2): Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendants if
    1. 1any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences
    2. 2any question of law or fact common to all defendants will arise in the action
  20. FRCP 20(a)(3): Extent of ReliefNeither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.
  21. FRCP 20(b): Protective MeasuresThe court may issue orders—including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.
  22. FRCP 24Intervention
  23. FRCP 24(a): On timely motion, the court must permit anyone to intervene who
    1. 1is given an unconditional right to intervene by a federal statute
    2. 2claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest, unless existing parties adequately represent that interest
  24. FRCP 24(b)(1): On timely motion, the court may permit anyone to intervene who
    1. 1is given a conditional right to intervene by a federal statute
    2. 2has a claim or defense that shares with the main action a common question of law or fact
  25. FRCP 24(b)(2): On timely motion, the court may permit a federal or state governmental officer or agency to intervene if a party’s claim or defense is based on
    1. 1a statute or executive order administered by the officer or agency
    2. 2any regulation, order, requirement, or agreement issued or made under the statute or executive order
  26. FRCP 24(b)(3): Delay or PrejudiceIn exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.
  27. FRCP 24(c): Notice and Pleading RequiredA motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.

Corrections

No corrections yet.

More on this shelf

Every card here is copied word for word from its source.None of it is written by AI.