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Third Party Claim - Civil Procedure - Lecture Slides, Slides of Civil procedure

Alagappa UniversityCivil procedure

These are the lecture slides of Civil Procedure. Key important points are: Third Party Claim, Unrelated, Main Action, Olavarrieta, Impleads Someone, Fourth Party Defendant, Circumstances, Counterclaim, Pleading, Original Claim

Typology: Slides

2012/2013

Uploaded on 01/26/2013

saginala
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WRAP UP: Relation of third-party
claims to original claim
•Can a D make a third-party claim under FRCP
14 that is unrelated to the claims against that
D?
•No, the third-party claim must relate to the
main claim and must depend on the outcome
of the main action. See U.S. v. Olavarrieta at
CB p. 332
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WRAP UP: Relation of third-party

claims to original claim

  • Can a D make a third-party claim under FRCP 14 that is unrelated to the claims against that D?
  • No, the third-party claim must relate to the main claim and must depend on the outcome of the main action. See U.S. v. Olavarrieta at CB p. 332

YET MORE PARTIES

  • Can a TPD implead other parties and if so, in what circumstances?
  • If a TPD impleads someone, what is that person called?
  • That person is a fourth-party defendant
  • Diagram: P-----D/TPP-------TPD------FPD

PLEADING REQUIREMENTS FOR THIRD-PARTY

COMPLAINTS

  • A third-party complaint must comply with FRCP 8 and 11
  • 8(a) “A pleading which sets forth a claim for relief, whether an original claim…or third-party claim shall contain …(2) a short and plain statement of the claim showing that the pleader is entitled to relief”
  • Rules 12 (defenses) and 13 (counterclaims/cross claims) also apply

PLAINTIFFS AND THIRD-PARTY Ds

  • Can a P sue a person joined as a TPD and if so, in what circumstances?
  • Yes, so long as the P’s claim arises out of the same transaction or occurrence as the original claims. This is discretionary, not mandatory.
  • If the TPD has a counterclaim against the P it is governed by R. 13
  • If more than one TPD is sued by a P the TPDs can cross-claim against each other subject to R. 13(g) – this is permissive

PRACTICE EXERCISE 13

  • There is a Model Answer for this Practice Exercise.

DISCOVERY

  • What is the purpose of discovery?
  • The United States has very BROAD discovery rules under the FRCP
  • Reform

WHAT MAY BE OBTAINED THROUGH

DISCOVERY?

  • What Federal Rule of Civil Procedure governs the SCOPE of discovery in most civil actions (other than those set out in Rule 81)?
  • Rule 26(b). The R. 81 exceptions are, e.g. bankruptcy proceedings and a few other limited cases
  • What may be obtained through discovery?

WHAT MAY BE OBTAINED THROUGH

DISCOVERY?

  • FRCP 26(b): Unless other limits by court order, any matter that
    1. Is RELEVANT to the CLAIM OR DEFENSE of any party, or (where ordered by court FOR GOOD CAUSE, is RELEVANT to the SUBJECT MATTER involved in the action)
  • AND DOES NOT FALL WITHIN EXCEPTIONS in (2) and (3). What are these exceptions?

SUMMARY

  • Summary: Can obtain discovery of relevant material provided exceptions at subparagraphs (2) and (3) do not apply.

RELEVANCE

  • what is “relevance”? Is that term defined in the FRCP?
  • Note: this rule on the SCOPE of discovery was narrowed by amendments in 2000.
  • What does Tom Rowe think about this change?

LIMITATIONS ON DISCOVERY OF

RELEVANT MATTER

  • When can a court limit discovery under Rule 26(b)(2)?

26(b)(2) LIMITATIONS ON DISCOVERY -

UNREASONABLY BURDENSOME

  • Discovery is “unreasonably cumulative or duplicative”
  • Discovery obtainable from more convenient source
  • Party seeking discovery has had “ample opportunity” to obtain matter on discovery
  • Burden of discovery outweighs benefits
  • Determining whether discovery should be limited is highly discretionary. Court may consider needs of case, amount in controversy, parties’ resources, importance of issues at stake, importance of discovery in resolving issues.

LIMITATIONS ON DISCOVERY -

PRIVILEGE

  • Some materials are protected from discovery as privileged under 26(b)(1) and (3) e.g.
  • attorney-client privilege
  • or work product privilege
  • There are other types of legal privilege (e.g. priest/penitent, physician/patient.self- incrimination, various government privileges, spousal privilege]. These depend on the applicable rules of evidence.
  • Privilege can be waived

PRIVILEGE LOGS: FRCP 26(b)(5)

  • If a party withholds material from discovery on the grounds that it is privileged, that party must make a privilege log
  • In the log, the party should describe the nature of the documents without revealing privileged information and also state the type of privilege asserted.