Motion to Join Parties Under FRCP 19 or FRCP 20: Motion or Motion Notice

A Motion to Join Parties under FRCP 19 or FRCP 20 is a legal template used in the United States legal system. This motion seeks to request the court's permission to add or include additional parties to the ongoing litigation process.

FRCP refers to the Federal Rules of Civil Procedure, specifically Rule 19 and Rule 20. These rules govern the procedures for joinder of parties in a lawsuit. Joinder is the process of bringing multiple parties together in a single lawsuit when their rights and interests are closely related, and resolving their claims in a single proceeding can avoid multiple and inconsistent court decisions.

A Motion to Join Parties under FRCP 19 is filed when a party believes that the lawsuit cannot proceed effectively or equitably without the joinder of an absent or necessary party. This may occur when the absent party has a legally protected interest in the subject matter of the litigation, and their absence could result in a judgment that could impair their rights or create inconsistent obligations.

On the other hand, a Motion to Join Parties under FRCP 20 is filed when a party seeks to add additional parties to the lawsuit who have common questions of law or fact in order to promote judicial economy, efficiency, and fairness. This rule allows for multiple plaintiffs or defendants to join forces in one lawsuit if their claims arise from the same transaction or occurrence and involve similar issues of law and fact.

The Motion to Join Parties under FRCP 19 or FRCP 20 is typically initiated by one of the existing parties in the litigation, usually through their legal representation. It outlines the reasons for seeking the joinder of parties, demonstrates why the absent or additional party should be included, and provides relevant legal arguments and supporting evidence.

Upon reviewing the motion, if the court finds that joining the party is necessary for a complete adjudication of the dispute or would serve the interest of justice, it may grant the motion and allow the joining of parties. However, if the court determines that joinder would unduly delay the proceedings, prejudice the existing parties, or otherwise create an unfair situation, the motion may be denied.