LAW 110 Chapter Notes - Chapter Joinder rule explanation: Impleader, Sua Sponte, Supplemental Jurisdiction
Document Summary
Does the court have smj over all the claims? b. i. Fr 18(a) allows a party to join as many counter-claims as they have against the opposing party as long as their first counter-claim is allowed under fr 13. Fr 13 provides that compulsory counterclaims must be brought, and permissive counter-claims may be brought if they have independent jurisdiction (plant). Fr 13 further describes a compulsory counter-claim as being any claim that arises out of the same transaction or occurrence and is the same legal subject matter. Since we are in federal court, the court needs smj over the additional claims (federal question. If the additional claims do not have independent smj, then they may still have supplemental jurisdiction under title 28 usc 1367. Sec 1367 gives supplemental jurisdiction to claims that are so related that they are a part of the same case or controversy as the claim that has original jurisdiction.
