Civil Procedure Rules Outline | Priscilla Shelby Bullitt

I.

II.
III.

INTRO
Constitution Article III, Section 2
The judicial power shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties made, or which shall be made,
under their authority;--to all cases affecting ambassadors, other public ministers and
consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which
the United States shall be a party;--to controversies between two or more states;--between
a state and citizens of another state;--between citizens of different states;--between
citizens of the same state claiming lands under grants of different states, and between a
state, or the citizens thereof, and foreign states, citizens or subjects.
28 USC 1331 Federal Question
The district courts shall have original jurisdiction of all civil actions arising under the
Constitution, laws, or treaties of the United States.
28 USC 1332 Diversity of Citizenship; Amount in Controversy; Costs
(a) The district courts shall have original jurisdiction of all civil actions where the matter
in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and
is between-(1) citizens of different States
PENNOYER
MECHANICS OF JURISDICTION & MODERN PJ
Fed Rules Civ Pro Rule 12 (b)
(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be
asserted in the responsive pleading if one is required. But a party may assert the
following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a responsive
pleading is allowed. If a pleading sets out a claim for relief that does not require a
responsive pleading, an opposing party may assert at trial any defense to that claim. No
defense or objection is waived by joining it with one or more other defenses or objections
in a responsive pleading or in a motion.
Fed Rules Civ Pro Rule 12 (g)
(g) Joining Motions.
(1) Right to Join. A motion under this rule may be joined with any other motion allowed
by this rule.
(2) Limitation on Further Motions. Except as provided in Rule 12(h)(2) or (3), a party
that makes a motion under this rule must not make another motion under this rule raising
a defense or objection that was available to the party but omitted from its earlier motion.

Fed Rules Civ Pro Rule 12 (h)

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IV.
V.

VI.
VII.

(h) Waiving and Preserving Certain Defenses.

(1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)-(5) by:
(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or
(B) failing to either:
(i) make it by motion under this rule; or
(ii) include it in a responsive pleading or in an amendment allowed
by Rule 15(a)(1) as a matter of course.
(2) When to Raise Others. Failure to state a claim upon which relief can be granted, to
join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:
(A) in any pleading allowed or ordered under Rule 7(a);
(B) by a motion under Rule 12(c); or
(C) at trial.
(3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks
subject-matter jurisdiction, the court must dismiss the action.
ABSORBING IN REM
SPECIFIC JURISDICTION
Fed Rules Civ Pro Rule 4 (k)
(k) Territorial Limits of Effective Service.
(1) In General. Serving a summons or filing a waiver of service establishes personal
jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state
where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a judicial
district of the United States and not more than 100 miles from where the
summons was issued; or
(C) when authorized by a federal statute.
GENERAL JURISDICTION
CONSTITUTIONAL NOTICE
Fed Rules Civ Pro Rule 4 (d) Waiving Service
(d) Waiving Service.
(1) Requesting a Waiver. An individual, corporation, or association that is subject to
service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving
the summons. The plaintiff may notify such a defendant that an action has been
commenced and request that the defendant waive service of a summons. The notice and
request must:
[requirements of notice spelled out A-G]
(F) give the defendant a reasonable time of at least 30 days after the request was
sent--or at least 60 days if sent to the defendant outside any judicial district of the
United States--to return the waiver;
(2) Failure to Waive. If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located within the United
States, the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney's fees, of any motion required to
collect those service expenses.
(3) Time to Answer After a Waiver. A defendant who, before being served with process,
timely returns a waiver need not serve an answer to the complaint until 60 days after the
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request was sent--or until 90 days after it was sent to the defendant outside any judicial
district of the United States.
VIII.

IX.

LONG ARM STATUTES; VENUE; FORUM NON CONVENIENS

28 USC 1391 Venue Generally
(b) Venue in general.--A civil action may be brought in-(1) a judicial district in which any defendant resides, if all defendants are residents of the
State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to
the claim occurred, or a substantial part of property that is the subject of the action is
situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this
section, any judicial district in which any defendant is subject to the court's personal
jurisdiction with respect to such action.
(c) Residency.--For all venue purposes-(1) a natural person, including an alien lawfully admitted for permanent residence in the
United States, shall be deemed to reside in the judicial district in which that person is
domiciled;
(2) an entity with the capacity to sue and be sued in its common name under applicable
law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial
district in which such defendant is subject to the court's personal jurisdiction with respect
to the civil action in question and, if a plaintiff, only in the judicial district in which it
maintains its principal place of business; and
(3) a defendant not resident in the United States may be sued in any judicial district, and
the joinder of such a defendant shall be disregarded in determining where the action may
be brought with respect to other defendants.
28 USC 1404 Change of Venue
(a) For the convenience of parties and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or division where it might have been
brought or to any district or division to which all parties have consented.
28 USC 1631
Whenever a civil action is filed in a court as defined in section 610 of this title or an
appeal, including a petition for review of administrative action, is noticed for or filed
with such a court and that court finds that there is a want of jurisdiction, the court shall, if
it is in the interest of justice, transfer such action or appeal to any other such court in
which the action or appeal could have been brought at the time it was filed or noticed,
and the action or appeal shall proceed as if it had been filed in or noticed for the court to
which it is transferred on the date upon which it was actually filed in or noticed for the
court from which it is transferred.
INTRO TO SUBJECT MATTER JURISDICTION
Article III Section 1-2
1. ThejudicialPoweroftheUnitedStates,shallbevestedinonesupreme
Court,andinsuchinferiorCourtsastheCongressmayfromtimeto
timeordainandestablish.TheJudges,bothofthesupremeandinferior
Courts,shallholdtheirOfficesduringgoodBehavior,andshall,atstated
Times,receivefortheirServicesaCompensationwhichshallnotbe
diminishedduringtheirContinuanceinOffice.
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2. ThejudicialPowershallextendtoallCases,inLawandEquity,arising
underthisConstitution,theLawsoftheUnitedStates,andTreaties
made,orwhichshallbemade,undertheirAuthority;toallCasesaffecting
Ambassadors,otherpublicMinistersandConsuls;toallCasesof
admiraltyandmaritimeJurisdiction;toControversiestowhichtheUnited
StatesshallbeaParty;toControversiesbetweentwoormoreStates;
betweenaStateandCitizensofanotherState;betweenCitizensof
differentStates;betweenCitizensofthesameStateclaimingLands
underGrantsofdifferentStates,andbetweenaState,ortheCitizens
thereof,andforeignStates,CitizensorSubjects.
28 USC 1331 Federal Question
The district courts shall have original jurisdiction of all civil actions arising under the
Constitution, laws, or treaties of the United States.
28 USC 1332 Diversity, Amount in Controversy, Costs
(a) The district courts shall have original jurisdiction of all civil actions where the matter
in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and
is between-(1) citizens of different States;
Rule 12 (b)
(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be
asserted in the responsive pleading if one is required. But a party may assert the
following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a
responsive pleading is allowed. If a pleading sets out a claim for relief that does
not require a responsive pleading, an opposing party may assert at trial any
defense to that claim. No defense or objection is waived by joining it with one or
more other defenses or objections in a responsive pleading or in a motion.
Rule 8
(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court
already has jurisdiction and the claim needs no new jurisdictional support;
SUBJECT MATTER JURISDICTION PART 2
28 USC 1332 Diversity, Amount in Controversy, Costs
(c) For the purposes of this section and section 1441 of this title-(1) a corporation shall be deemed to be a citizen of every State and foreign state by which
it has been incorporated and of the State or foreign state where it has its principal place of
business,

Rule 12 (b)
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(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be
asserted in the responsive pleading if one is required. But a party may assert the
following defenses by motion:
(1) lack of subject-matter jurisdiction;
Rule 8

XI.

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court
already has jurisdiction and the claim needs no new jurisdictional support;
Article III Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or which shall be made,
under their Authority; to all Cases affecting Ambassadors, other public Ministers and
Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which
the United States shall be a Party; to Controversies between two or more States; between
a State and Citizens of another State; between Citizens of different States; between
Citizens of the same State claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or Subjects.
SUPPLEMENTAL JURISDICTION; REMOVAL
Rule 20 Permissive Joinder of Parties
(a)
Persons who may join or be joined
(i)
Plaintiffs. Persons may join in one action as plaintiffs if:
(a)
They assert any right to relief jointly, severally, or in the alternative w/
respect to or arising out of the same transaction, occurrence, or series of
transactions or occurrences; and
(b)
Any question of law or fact common to all plaintiffs will arise in the
action
(ii)
Defendants. 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:
(a)
Any right to relief is asserted against them jointly, severally, or in the
alternative w/ respect to or arising out of the same transaction, occurrence or
series of transactions or occurrences; and
(b)
Any question of law or fact common to all defendants will arise in the
action
28 USC 1367 Supplemental Jurisdiction
(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by
Federal statute, in any civil action of which the district courts have original jurisdiction,
the district courts shall have supplemental jurisdiction over all other claims that are so
related to claims in the action within such original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution. Such
supplemental jurisdiction shall include claims that involve the joinder or intervention of
additional parties.
(b) In any civil action of which the district courts have original jurisdiction founded
solely onsection 1332 of this title, the district courts shall not have supplemental
jurisdiction under subsection (a) over claims by plaintiffs against persons made parties
under Rule 14, 19, 20, or24 of the Federal Rules of Civil Procedure, or over claims by
persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to
intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental
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XII.

jurisdiction over such claims would be inconsistent with the jurisdictional requirements
of section 1332.
(c) The district courts may decline to exercise supplemental jurisdiction over a claim
under subsection (a) if-(1) the claim raises a novel or complex issue of State law,
(2) the claim substantially predominates over the claim or claims over which the
district court has original jurisdiction,
(3) the district court has dismissed all claims over which it has original
jurisdiction, or
(4) in exceptional circumstances, there are other compelling reasons for declining
jurisdiction.
(d) The period of limitations for any claim asserted under subsection (a), and for any
other claim in the same action that is voluntarily dismissed at the same time as or after
the dismissal of the claim under subsection (a), shall be tolled while the claim is pending
and for a period of 30 days after it is dismissed unless State law provides for a longer
tolling period.
28 USC 1441 Removal of Civil Actions
(a) Generally.--Except as otherwise expressly provided by Act of Congress, any civil
action brought in a State court of which the district courts of the United States have
original jurisdiction, may be removed by the defendant or the defendants, to the district
court of the United States for the district and division embracing the place where such
action is pending.
(b) Removal based on diversity of citizenship.
(1) In determining whether a civil action is removable on the basis of the
jurisdiction under section 1332(a) of this title, the citizenship of defendants sued
under fictitious names shall be disregarded.
(2) A civil action otherwise removable solely on the basis of the jurisdiction
under section 1332(a) of this title may not be removed if any of the parties in
interest properly joined and served as defendants is a citizen of the State in which
such action is brought.
CHOICE OF LAW ERIE DOCTRINE
Rule 3
A civil action is commenced by filing a complaint with the court.
Rule 23.1
(a) Prerequisites. This rule applies when one or more shareholders or members of a
corporation or an unincorporated association bring a derivative action to enforce a right
that the corporation or association may properly assert but has failed to enforce. The
derivative action may not be maintained if it appears that the plaintiff does not fairly and
adequately represent the interests of shareholders or members who are similarly situated
in enforcing the right of the corporation or association.
(b) Pleading Requirements. The complaint must be verified and must:
(1) allege that the plaintiff was a shareholder or member at the time of the
transaction complained of, or that the plaintiff's share or membership later
devolved on it by operation of law;
(2) allege that the action is not a collusive one to confer jurisdiction that the court
would otherwise lack; and
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XIII.

XIV.

(3) state with particularity:

(A) any effort by the plaintiff to obtain the desired action from the
directors or comparable authority and, if necessary, from the
shareholders or members; and
(B) the reasons for not obtaining the action or not making the effort.
(c) Settlement, Dismissal, and Compromise. A derivative action may be settled,
voluntarily dismissed, or compromised only with the court's approval. Notice of a
proposed settlement, voluntary dismissal, or compromise must be given to shareholders
or members in the manner that the court orders.
Rule 17(b)
(b) Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:
(1) for an individual who is not acting in a representative capacity, by the law of
the individual's domicile;
(2) for a corporation, by the law under which it was organized; and
(3) for all other parties, by the law of the state where the court is located, except
that:
(A) a partnership or other unincorporated association with no such
capacity under that state's law may sue or be sued in its common name to
enforce a substantive right existing under the United States Constitution
or laws; and
(B) 28 U.S.C. 754 and 959(a) govern the capacity of a receiver
appointed by a United States court to sue or be sued in a United States
court.
CHOICE OF LAW II
28 USC 1404
(a) For the convenience of parties and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or division where it might have been
brought or to any district or division to which all parties have consented.
(b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a
civil nature or any motion or hearing thereof, may be transferred, in the discretion of the
court, from the division in which pending to any other division in the same district.
Transfer of proceedings in rem brought by or on behalf of the United States may be
transferred under this section without the consent of the United States where all other
parties request transfer.
REMEDIES
Permanent and Temporary Injunctive Relief
Ex parte TRO /Temporary restraining order
Rule 65(b)
(b) Temporary Restraining Order.
(1) Issuing Without Notice. The court may issue a temporary restraining order without
written or oral notice to the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and
irreparable injury, loss, or damage will result to the movant before the adverse party can
be heard in opposition; and
(B) the movant's attorney certifies in writing any efforts made to give notice and the
reasons why it should not be required.
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XV.

Rule 65(a)
(a) Preliminary Injunction.
(1) Notice. The court may issue a preliminary injunction only on notice to the adverse
party.
(2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning
the hearing on a motion for a preliminary injunction, the court may advance the trial on
the merits and consolidate it with the hearing. Even when consolidation is not ordered,
evidence that is received on the motion and that would be admissible at trial becomes part
of the trial record and need not be repeated at trial. But the court must preserve any
party's right to a jury trial.
11A Fed. Prac. & Proc. Civ. 2951
When the opposing party actually receives notice of the application for a restraining
order, the procedure that is followed does not differ functionally from that on an
application for a preliminary injunction and the proceeding is not subject to any special
requirements.7 Indeed, even if a court denominates an order as a temporary restraining
order in this situation,8 Rule 65(b) may not apply and, if there is an adversary hearing or
the order is entered for an indeterminate length of time, the temporary restraining order
may be treated as a preliminary injunction
28 USC 1292 Interlocutory Decisions
(a) Except as provided in subsections (c) and (d) of this section, the courts of appeals
shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States, the United States
District Court for the District of the Canal Zone, the District Court of Guam, and the
District Court of the Virgin Islands, or of the judges thereof, granting, continuing,
modifying, refusing or dissolving injunctions, or refusing to dissolve or modify
injunctions, except where a direct review may be had in the Supreme Court;
CLAIM PRECLUSION
Rule 13(a) Compulsory Counterclaim.
(1) In General. 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:
(A) arises out of the transaction or occurrence that is the subject matter of the
opposing party's claim; and
(B) does not require adding another party over whom the court cannot acquire
jurisdiction.
(2) Exceptions. The pleader need not state the claim if:
(A) when the action was commenced, the claim was the subject of another
pending action; or
(B) the 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.

XVI. ISSUE PRECLUSION

XVII. COLLATERAL ATTACK
Rule 60 Relief from a Judgment or Order

Civil Procedure Rules Outline | Priscilla Shelby Bullitt

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and
just terms, the court may relieve a party or its legal representative from a final judgment,
order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have
been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or
misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an
earlier judgment that has been reversed or vacated; or applying it prospectively is
no longer equitable; or
(6) any other reason that justifies relief.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under Rule 60(b) must be made within a reasonable time-and for reasons (1), (2), and (3) no more than a year after the entry of the
judgment or order or the date of the proceeding.
(2) Effect on Finality. The motion does not affect the judgment's finality or
suspend its operation.
(d) Other Powers to Grant Relief. This rule does not limit a court's power to:
(1) entertain an independent action to relieve a party from a judgment, order, or
proceeding;
(2) grant relief under 28 U.S.C. 1655 to a defendant who was not personally
notified of the action; or
(3) set aside a judgment for fraud on the court.
(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the
nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

XVIII. JOINDER OF CLAIMS BY PLAINTIFF

Rule 18 Joinder of Claims
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XIX.

a) In general. A 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
Rule 42 Consolidation; Separate Trials
b) Separate trials. For convenience, to avoid predjudice, or to expedite and economize, the court
may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims
or third-party claims. When ordering a separate trial, the court must preserve any federal right
to a jury trial.
Rule 20. Permissive Joinder of Parties
a) Persons who may join or be joined.
2) Defendants. 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:
A. Any right to relief is asserted against them jointly, severally, or in the
alternative with respect to arising or out of the same transaction, occurrence,
or series of transactions or occurrences; and
B.
Any question of law or fact common to all defendants will arise
in the action.
28 USC 1367 - Supplemental jurisdiction
a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by
Federal statute, in any civil action of which the district courts have original jurisdiction,
the district courts shall have supplemental jurisdiction over all other claims that are so
related to claims in the action within such original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution. Such
supplemental jurisdiction shall include claims that involve the joinder or intervention of
additional parties.
b) In any civil action of which the district courts have original jurisdiction founded solely on
section 1332 of this title, the district courts shall not have supplemental jurisdiction under
subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19,
20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to
be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs
under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims
would be inconsistent with the jurisdictional requirements of section 1332.
JOINDER OF CLAIMS BY DEFENDANT; PERMISSIVE JOINDER OF PARTIES
Rule 13
a) Compulsory counterclaim
1) In general. 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:
A.
Arises out of the transaction or occurrence that is the subject
matter of the opposing partys claim; and
B.
Does not require adding another party over whom the
court cannot acquire jurisdiction.
2) Exceptions. The pleader need not state the claim if:
A.
When the action was commenced, the claim was the subject of
another pending action; or
B.
The opposing party sued in 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.
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b) Permissive counterclaim. A pleading may state as a counterclaim against an opposing
party any claim that is not compulsory.
28 USC 1367 - Supplemental jurisdiction
a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by
Federal statute, in any civil action of which the district courts have original jurisdiction,
the district courts shall have supplemental jurisdiction over all other claims that are so
related to claims in the action within such original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution. Such
supplemental jurisdiction shall include claims that involve the joinder or intervention of
additional parties.
b) In any civil action of which the district courts have original jurisdiction founded solely on
section 1332 of this title, the district courts shall not have supplemental jurisdiction under
subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19,
20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to
be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs
under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims
would be inconsistent with the jurisdictional requirements of section 1332.
Rule 13(g) Crossclaim against a Coparty
g) Crossclaim against a coparty. A 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 os or may be liable to the crossclaimant for all or part
of a claim asserted in the action against the crossclaimant.
Rule 20 Permissive joinder of Parties
a) Persons who may join or be joined.
2) Defendants. 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:
A. Any right to relief is asserted against them jointly, severally, or in
the alternative with respect to arising or out of the same transaction,
occurrence, or series of transactions or occurrences; and
B.
Any question of law or fact common to all defendants
will arise in the action.
b) Protective masures. The 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.
Rule 21 Misjoinder and Nonjoinder of Parties
Misjoinder of parties is not a ground for dismissing an action. On motion or on its own,
the court may at any time, on just terms, add or drop a party. The court may also sever
any claim against a party.

XX.

THIRD PARTY CLAIMS

Rule 14
(a) When a Defending Party May Bring in a Third Party.

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(1) Timing of the Summons and Complaint. A 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.
(2) Third-Party Defendant's Claims and Defenses. The person served with the summons
and third-party complaint--the third-party defendant:
(A) must assert any defense against the third-party plaintiff's claim under Rule
12;
(B) must 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);
(C) may assert against the plaintiff any defense that the third-party plaintiff has to
the plaintiff's claim; and
(D) may 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.
(3) Plaintiff's Claims Against a Third-Party Defendant. The 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).
Rule 4 Summons
(k) Territorial Limits of Effective Service.
(1) In General. Serving a summons or filing a waiver of service establishes personal
jurisdiction over a defendant:
(A) who is subject to the jurisdiction of a court of general jurisdiction in the state
where the district court is located;
(B) who is a party joined under Rule 14 or 19 and is served within a judicial
district of the United States and not more than 100 miles from where the
summons was issued; or
(C) when authorized by a federal statute.
28 USC 1367 Supplemental Jurisdiction
(b) In any civil action of which the district courts have original jurisdiction founded
solely onsection 1332 of this title, the district courts shall not have supplemental
jurisdiction under subsection (a) over claims by plaintiffs against persons made parties
under Rule 14, 19, 20, or24 of the Federal Rules of Civil Procedure, or over claims by
persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to
intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental
jurisdiction over such claims would be inconsistent with the jurisdictional requirements
of section 1332.
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