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THE PARTY SIMILE Party Joinder & Discovery

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

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THE PARTY SIMILE Party Joinder & Discovery

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  1. 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

  2. THE PARTY SIMILE Party Joinder & Discovery • Joinder • Who to invite • Must • May • Discovery • What information need? • How get it?

  3. 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

  4. THE PARTY SIMILE Compulsory Joinder • Party/Fundraiser • Some obligatory invitees • Whether you want to, or not

  5. 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

  6. THE PARTY SIMILE Intervention • Party/Fundraiser • Guests ever get to invite themselves? • Lawsuit • Sometimes folks can “crash” the lawsuit • “Intervention” FR 24

  7. POLICY CONCERNSJoinder • Fairness to plaintiff • Control lawsuit • Fairness to non-parties • Will lawsuit affect rights? • Efficient dispute resolution • Avoid duplicative lawsuits • Avoid “monster” lawsuits

  8. 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

  9. THE PARTY SIMILE Discovery • Party preparation • Information gathering • Informal – ask around • Be direct • Oral • Written note • Limits on what’s permissible

  10. 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

  11. 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

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