CPLR 10: Parties in Civil Practice Law

Vocabulary-style flashcards covering CPLR 10 topics including Joinder, Interpleader, Impleader, Intervention, and Substitution of Parties.

Necessary Joinder (CPLR 1001)

The required joining of a person needed so that the court can order complete relief or when the person might be inequitably affected by the judgment in the action.

Permissive Joinder (CPLR 1002)

The joining of parties that may occur when a right to relief arises out of the same transaction(s) and involves a common question of law or fact.

Misjoinder

The joining of someone who should not have been joined; it is explicitly not grounds for dismissal of the action under CPLR 1003.

Leave of Court

Court permission (typically via a Court Order) required to join parties at any time, unless the joinder is made within 20 days of service of the original summons or before the response period expires.

Interpleader (CPLR 1006)

A mechanism used when a person (stakeholder) may be exposed to multiple liability due to conflicting, adverse claims to a set amount of property or money.

Stakeholder

A person who may be exposed to multiple liability as the result of adverse claims, such as an insurance company holding proceeds of a life insurance policy.

Claimant

A person who has made or can be expected to make a claim against a stakeholder in an interpleader action.

Discharge of Stakeholder

A motion filed under CPLR 1006(f) where, once claimants are joined, the defendant stakeholder may be released from the action, often after paying the disputed amount to the court.

Impleader / Third-Party Practice (CPLR 1007)

A procedure where a defendant joins a new party (Third-Party Defendant) after service of the answer to share in or assume liability.

Third-Party Plaintiff

The original defendant who brings a new party into the lawsuit to share or assume liability.

Intervention

A process where an outside person who is not a party to the lawsuit seeks to join the action to be heard on an issue.

Intervention As Of Right (CPLR 1012)

Instances where the court shall allow intervention, such as when a statute confers an absolute right or when representation of the person's interest is inadequate and they may be bound by judgment.

Intervention By Permission (CPLR 1013)

Instances where the court may permit a person to intervene when a statute confers a right in the court's discretion or when the person's claim/defense shares a common question of law or fact with the main action.

Notice to the NYS Attorney General (CPLR 1012(b))

A mandatory notification the court must provide whenever the constitutionality of a statute, rule, or regulation is involved in a lawsuit.

Notice to NYS State Comptroller (CPLR 1012(c))

A mandatory notification the court must provide whenever public retirement benefits or the interpretation of laws governing them are at issue.

Substitution of Parties (CPLR 1015-1020)

The process of replacing a party with a proper representative due to events like death, incompetency, transfer of interest, or a public officer leaving office.

Substitution Motion Deadline (Post-Judgment)

Under CPLR 10, if an event necessitating substitution occurs after a judgment is made, the motion must be made within $4$ months after the event.