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An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable.
Dunlevy 241 U.S. 518, that for a party to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction. [1] The policy must have a value of at least $500 is claimed or may be claimed by adverse claimants; which is less than the amount in controversy of $3,000 in Judicial Code §48(1) then required ...
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 cross-claim under Rule 13(g). Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
A potential party (called the applicant) has the right to intervene in a case either (1) when a federal statute explicitly confers upon the applicant an unconditional right to intervene or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the lawsuit. In the second situation, in order to ...
Joinder in criminal law is the inclusion of additional counts or additional defendants on an indictment.In English law, charges for any offence may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar nature.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case.
A crossclaim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim. In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit. [1]