Motion Joinder 2003: Fill & Download for Free

U.S. perspective here.I genuinely believe that most people with enough dedication, willpower, and training can succeed in law school and as lawyers.But reading a legal textbook, let alone understanding what it means, is quite difficult without that training.Let’s start with just a few key concepts that you’d need to know just to understand what’s happening in the courtroom.Case LawThe United States operates on a common law system. That means that one of the sources of law are prior cases, and the system follows the principle of stare decisis, or “like cases should be decided alike.”All right, you say. Let’s go read some cases!Do you know where to find cases? How to find relevant ones to the present case you’re dealing with?Here are a couple of volumes of the Northwest Reporter:That these are out of order in the picture bugs the hell out of me, but I digress.They are about, give or take, a couple of hundred pages each. When they reach about a thousand volumes, they start over with a new series. The Northwest Reporter is just about to start its third series. It covers the area in yellow:The Pacific Reporter and Atlantic Reporters are well into their third series.Then there are the Federal Reporters, including the U.S. Reporter for the Supreme Court.The cases are reported essentially sequentially when they are published by various Courts of Appeals and state Courts of Last Resort (usually a Supreme Court, but it depends on the state nomenclature.)There are some various indexing systems that might help you out, if you know how to use them, such as the West Key System.Most of these are now electronically stored and searchable through legal databases. If your Google Fu is strong enough and you were willing to head to the state’s law library so as to avoid paying a large fee to access LexisNexis or Westlaw, you could probably manage it with relatively little training.Then you’ll have to tell the judge what case you found.She’ll be expecting a citation.Something like this: 567 U.S. 519, 533 (2012), or 768 N.W.2d 345, 357 (Minn. App. 2003).You know what all that stands for, right?You’ll also have to know how to read those cases, and what parts are relevant. You’ll need to understanding the holding of the case. You’ll need to understand the procedural posture of the case. You’ll need to understand where in the hierarchy of binding or persuasive legal precedent it fits.StatutesStatutes are another source of law. They are publicly available, usually electronically. Finding them and reading them is generally straightforward, right?Let’s just take a nice easy one, okay?Wis. Stat. 241.27, Contracts requiring warning. Every proposed contract for the benefit of any person, firm or corporation furnishing or supplying in any wise whatever, goods, wares or merchandise to hawkers or peddlers and which by its terms upon execution thereof would bind any person to answer for the debt, default or miscarriage of any such hawker or peddler, in lawfully or unlawfully disposing of such goods, wares or merchandise or the proceeds thereof, or which would bind any person to guarantee or answer for any debt or liability incurred by such hawker or peddler in acquiring any title to or interest in the goods, wares or merchandise to be disposed of by such hawker or peddler or in acquiring any title to or interest in any equipment intended to be used in conducting the business of such hawker or peddler, shall have plainly printed upon it, in red ink, in type not smaller than 10 point boldface type, at the time of its execution and directly above the place for the signature of the person who would, by signing such contract, become obligated to so answer for the debt, default or miscarriage of any such peddler or hawker, the following statement: “Warning — this may obligate you to pay money". Every such contract not containing such statement shall be unlawful and in any action brought upon any such contract in any court of this state, such contract shall be construed in accordance with the laws of this state. The provisions of this section, however, shall not apply to any such contract where the same contains a provision expressly limiting the amount of the liability of each person obligated to answer for the debt, default or miscarriage of any such peddler or hawker.You know the fundamental principles of contract law enough to know when a contract is binding and how to make it so, I’m sure.RegulationsAdministrative law is another big area where you’ll need to understand the relevant regulations and how they relate to the statutes with authorize administrative agencies to make them. Since you already understand fundamental principles such as notice and comment periods, the relevant parts of the Administrative Procedures Acts of both the Federal and relevant State governments, I’ll just ride right onto where you can find those: the Federal Register and the Code of Federal Regulations, and their state-level equivalents.You know where to pick those up, right?All right, I’ll help you out. Here’s the Federal Register, the proposed list of new and modified Federal regulations currently open for review by the public: Home - Wednesday, October 10thPeruse at your leisure. Just don’t miss the comment window.Other textsBrowse through the Federal Rules of Civil Procedure. Or the Federal Rules of Evidence. Or Prosser on Torts, or Corpus Juris Secundum, or the Minnesota Practice Series for that matter. See how much makes sense to you.Now put it into practice.I’ll give you two easy hypotheticals. These are softball questions for your bar exam. I’m even limiting it to a single aspect of the law. (There are seven on the Multistate Bar Exam and more than a dozen on the Multistate Essay Exam. Trust me, I’m going easy on you.)A person is suing you in Federal court under a Federal statute and you want to file something because you hired a contractor for the job that promised to pay you back if you were sued.From the above links and our earlier discussion, do you need to file a permissive or required counterclaim, a motion for joinder, or an indemnification action, under what rule you need to file it, at what point in the procedural timeline you need to do so, and what are the requirements for the motion?You want to sue someone who lives in a different state under a state law claim. What requirements do you need to get into federal court and avoid dismissal for lack of personal jurisdiction, subject matter jurisdiction, or venue?All of these, and more, are required understanding for an attorney.There is a reason I went through three years of graduate school and hold a professional doctorate degree.I will be happy to let you peruse my library of legal textbooks, but without some coursework, the vast likelihood is that you will encounter significant difficulty, just as I encountered significant difficulty understanding them when I started law school.It has nothing to do with laziness or intelligence, and everything to do with law being a highly technical and specialized field of professional study. It simply has a great deal of jargon and nuanced, complex concepts that work together.Thanks for the A2A.

Mostly lack of commonality. Below is Federal Court Rule 23 of Civil Procedure ( not criminal procedure) which governs class actions.Rule 23. Class ActionsPrimary tabs(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:(1) the class is so numerous that joinder of all members is impracticable;(2) there are questions of law or fact common to the class;(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and(4) the representative parties will fairly and adequately protect the interests of the class.(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:(1) prosecuting separate actions by or against individual class members would create a risk of:(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:(A) the class members’ interests in individually controlling the prosecution or defense of separate actions;(B) the extent and nature of any litigation concerning the controversy already begun by or against class members;(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and(D) the likely difficulties in managing a class action.(c) Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.(1) Certification Order.(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.(B) Defining the Class; Appointing Class Counsel. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).(C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.(2) Notice.(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice to the class.(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(b)(3)—the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice may be by one or more of the following: United States mail, electronic means, or other appropriate means.The notice must clearly and concisely state in plain, easily understood language:(i) the nature of the action;(ii) the definition of the class certified;(iii) the class claims, issues, or defenses;(iv) that a class member may enter an appearance through an attorney if the member so desires;(v) that the court will exclude from the class any member who requests exclusion;(vi) the time and manner for requesting exclusion; and(vii) the binding effect of a class judgment on members under Rule 23(c)(3).(3) Judgment. Whether or not favorable to the class, the judgment in a class action must:(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class members; and(B) for any class certified under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the court finds to be class members.(4) Particular Issues. When appropriate, an action may be brought or maintained as a class action with respect to particular issues.(5) Subclasses. When appropriate, a class may be divided into subclasses that are each treated as a class under this rule.(d) Conducting the Action.(1) In General. In conducting an action under this rule, the court may issue orders that:(A) determine the course of proceedings or prescribe measures to prevent undue repetition or complication in presenting evidence or argument;(B) require—to protect class members and fairly conduct the action—giving appropriate notice to some or all class members of:(i) any step in the action;(ii) the proposed extent of the judgment; or(iii) the members’ opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise come into the action;(C) impose conditions on the representative parties or on intervenors;(D) require that the pleadings be amended to eliminate allegations about representation of absent persons and that the action proceed accordingly; or(E) deal with similar procedural matters.(2) Combining and Amending Orders. An order under Rule 23(d)(1) may be altered or amended from time to time and may be combined with an order under Rule 16.(e) Settlement, Voluntary Dismissal, or Compromise. The claims, issues, or defenses of a certified class—or a class proposed to be certified for purposes of settlement—may be settled, voluntarily dismissed, or compromised only with the court's approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:(1) Notice to the Class.(A) Information That Parties Must Provide to the Court. The parties must provide the court with information sufficient to enable it to determine whether to give notice of the proposal to the class.(B) Grounds for a Decision to Give Notice. The court must direct notice in a reasonable manner to all class members who would be bound by the proposal if giving notice is justified by the parties' showing that the court will likely be able to:(i) approve the proposal under Rule 23(e)(2); and(ii) certify the class for purposes of judgment on the proposal.(2) Approval of the Proposal. If the proposal would bind class members, the court may approve it only after a hearing and only on finding that it is fair, reasonable, and adequate after considering whether:(A) the class representatives and class counsel have adequately represented the class;(B) the proposal was negotiated at arm's length;(C) the relief provided for the class is adequate, taking into account:(i) the costs, risks, and delay of trial and appeal;(ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims;(iii) the terms of any proposed award of attorney's fees, including timing of payment; and(iv) any agreement required to be identified under Rule 23(e)(3); and(D) the proposal treats class members equitably relative to each other.(3) Identifying Agreements. The parties seeking approval must file a statement identifying any agreement made in connection with the proposal.(4) New Opportunity to Be Excluded. If the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.(5) Class-Member Objections.(A) In General. Any class member may object to the proposal if it requires court approval under this subdivision (e). The objection must state whether it applies only to the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for the objection.(B) Court Approval Required for Payment in Connection with an Objection. Unless approved by the court after a hearing, no payment or other consideration may be provided in connection with:(i) forgoing or withdrawing an objection, or(ii) forgoing, dismissing, or abandoning an appeal from a judgment approving the proposal.(C) Procedure for Approval After an Appeal. If approval under Rule 23(e)(5)(B) has not been obtained before an appeal is docketed in the court of appeals, the procedure of Rule 62.1 applies while the appeal remains pending.(f) Appeals. A court of appeals may permit an appeal from an order granting or denying class-action certification under this rule, but not from an order under Rule 23(e)(1). A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States' behalf. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.(g) Class Counsel.(1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. In appointing class counsel, the court:(A) must consider:(i) the work counsel has done in identifying or investigating potential claims in the action;(ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action;(iii) counsel's knowledge of the applicable law; and(iv) the resources that counsel will commit to representing the class;(B) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney's fees and nontaxable costs;(D) may include in the appointing order provisions about the award of attorney's fees or nontaxable costs under Rule 23(h); and(E) may make further orders in connection with the appointment.(2) Standard for Appointing Class Counsel. When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.(3) Interim Counsel. The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.(4) Duty of Class Counsel. Class counsel must fairly and adequately represent the interests of the class.(h) Attorney's Fees and Nontaxable Costs. In a certified class action, the court may award reasonable attorney's fees and nontaxable costs that are authorized by law or by the parties’ agreement. The following procedures apply:(1) A claim for an award must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision (h), at a time the court sets. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.(2) A class member, or a party from whom payment is sought, may object to the motion.(3) The court may hold a hearing and must find the facts and state its legal conclusions under Rule 52(a).(4) The court may refer issues related to the amount of the award to a special master or a magistrate judge, as provided in Rule 54(d)(2)(D).(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Law firms tend to specialize in certain practice areas. Class action suits is one of those areas.Rules exist on the state and Federal level.Following is the text of Federal Rule of Civil Procedure 23 on Class Actions.State statutes will be quite similar.a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:(1) the class is so numerous that joinder of all members is impracticable;(2) there are questions of law or fact common to the class;(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and(4) the representative parties will fairly and adequately protect the interests of the class.(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:(1) prosecuting separate actions by or against individual class members would create a risk of:(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:(A) the class members’ interests in individually controlling the prosecution or defense of separate actions;(B) the extent and nature of any litigation concerning the controversy already begun by or against class members;(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and(D) the likely difficulties in managing a class action.(c) Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.(1) Certification Order.(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.(B) Defining the Class; Appointing Class Counsel. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).(C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.(2) Notice.(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice to the class.(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(b)(3)—the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice may be by one or more of the following: United States mail, electronic means, or other appropriate means.The notice must clearly and concisely state in plain, easily understood language:(i) the nature of the action;(ii) the definition of the class certified;(iii) the class claims, issues, or defenses;(iv) that a class member may enter an appearance through an attorney if the member so desires;(v) that the court will exclude from the class any member who requests exclusion;(vi) the time and manner for requesting exclusion; and(vii) the binding effect of a class judgment on members under Rule 23(c)(3).(3) Judgment. Whether or not favorable to the class, the judgment in a class action must:(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class members; and(B) for any class certified under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the court finds to be class members.(4) Particular Issues. When appropriate, an action may be brought or maintained as a class action with respect to particular issues.(5) Subclasses. When appropriate, a class may be divided into subclasses that are each treated as a class under this rule.(d) Conducting the Action.(1) In General. In conducting an action under this rule, the court may issue orders that:(A) determine the course of proceedings or prescribe measures to prevent undue repetition or complication in presenting evidence or argument;(B) require—to protect class members and fairly conduct the action—giving appropriate notice to some or all class members of:(i) any step in the action;(ii) the proposed extent of the judgment; or(iii) the members’ opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise come into the action;(C) impose conditions on the representative parties or on intervenors;(D) require that the pleadings be amended to eliminate allegations about representation of absent persons and that the action proceed accordingly; or(E) deal with similar procedural matters.(2) Combining and Amending Orders. An order under Rule 23(d)(1) may be altered or amended from time to time and may be combined with an order under Rule 16.(e) Settlement, Voluntary Dismissal, or Compromise. The claims, issues, or defenses of a certified class—or a class proposed to be certified for purposes of settlement—may be settled, voluntarily dismissed, or compromised only with the court’s approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:(1) Notice to the Class.(A) Information That Parties Must Provide to the Court. The parties must provide the court with information sufficient to enable it to determine whether to give notice of the proposal to the class.(B) Grounds for a Decision to Give Notice. The court must direct notice in a reasonable manner to all class members who would be bound by the proposal if giving notice is justified by the parties’ showing that the court will likely be able to:(i) approve the proposal under Rule 23(e)(2); and(ii) certify the class for purposes of judgment on the proposal.(2) Approval of the Proposal. If the proposal would bind class members, the court may approve it only after a hearing and only on finding that it is fair, reasonable, and adequate after considering whether:(A) the class representatives and class counsel have adequately represented the class;(B) the proposal was negotiated at arm’s length;(C) the relief provided for the class is adequate, taking into account:(i) the costs, risks, and delay of trial and appeal;(ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims;(iii) the terms of any proposed award of attorney’s fees, including timing of payment; and(iv) any agreement required to be identified under Rule 23(e)(3); and(D) the proposal treats class members equitably relative to each other.(3) Identifying Agreements. The parties seeking approval must file a statement identifying any agreement made in connection with the proposal.(4) New Opportunity to Be Excluded. If the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.(5) Class-Member Objections.(A) In General. Any class member may object to the proposal if it requires court approval under this subdivision (e). The objection must state whether it applies only to the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for the objection.(B) Court Approval Required for Payment in Connection with an Objection. Unless approved by the court after a hearing, no payment or other consideration may be provided in connection with:(i) forgoing or withdrawing an objection, or(ii) forgoing, dismissing, or abandoning an appeal from a judgment approving the proposal.(C) Procedure for Approval After an Appeal. If approval under Rule 23(e)(5)(B) has not been obtained before an appeal is docketed in the court of appeals, the procedure of Rule 62.1 applies while the appeal remains pending.(f) Appeals. A court of appeals may permit an appeal from an order granting or denying class-action certification under this rule, but not from an order under Rule 23(e)(1). A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.(g) Class Counsel.(1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. In appointing class counsel, the court:(A) must consider:(i) the work counsel has done in identifying or investigating potential claims in the action;(ii) counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action;(iii) counsel’s knowledge of the applicable law; and(iv) the resources that counsel will commit to representing the class;(B) may consider any other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class;(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney’s fees and nontaxable costs;(D) may include in the appointing order provisions about the award of attorney’s fees or nontaxable costs under Rule 23(h); and(E) may make further orders in connection with the appointment.(2) Standard for Appointing Class Counsel. When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.(3) Interim Counsel. The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.(4) Duty of Class Counsel. Class counsel must fairly and adequately represent the interests of the class.(h) Attorney’s Fees and Nontaxable Costs. In a certified class action, the court may award reasonable attorney’s fees and nontaxable costs that are authorized by law or by the parties’ agreement. The following procedures apply:(1) A claim for an award must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision (h), at a time the court sets. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.(2) A class member, or a party from whom payment is sought, may object to the motion.(3) The court may hold a hearing and must find the facts and state its legal conclusions under Rule 52(a).(4) The court may refer issues related to the amount of the award to a special master or a magistrate judge, as provided in Rule 54(d)(2)(D).(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)