LAW 607 Lecture Notes - Lecture 63: Res Judicata, Counterclaim, Subject-Matter Jurisdiction
1 Jun 2020
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P. 18 and 13 allow plaintiffs and defendants who are already in a lawsuit to file additional claims against the other. In most cases, these claims are optional; however, certain counterclaims are compulsory: plaintiff must join all claims arising out of the same transaction or occurrence or they will be barred (claim preclusion). P. 18 applies only when the party already has asserted one claim against the other party under some other rule. In essence, then, rule 18 applies only to the second and subsequent claims: no relationship required: rule 18 does not use the same transaction test. P. 13 allows a defendant to bring any claims she may have against the opposing party. In some cases, however, a defendant must bring a counterclaim, or it will be lost: permissive counterclaims: fed. The liberal rules of joinder serve two basic ends:
