14d. Permissive Joinder of Parties (Rule 20)

What triggers Permissive Joinder of Parties?

Multiple Ps want to sue together or P wants to sue multiple Ds

How is Permissive Joinder of Parties used?

Available to P when she is drafting the complaint. P can draft multiple Ps or Ds.

Taxi Driver is in a wreck with Peter, Paul, and Phil as passengers. Are the 3 victims forced to sue Taxi Driver together?

No, not compulsory

What is the rule for Permissive Joinder of Parties?

Rule 20(a) Two-Part Test: P can join claims if:

1. right to relief arises out of the same T/O (logically related, broader than a single event) AND

2. At LEAST one common question of law or fact (low bar)

Court retains power to sever parties or claims if joinder becomes too complex or prejudicial.

Ten Plaintiffs alleged different discrimination acts across different plants at General Motors. Can Plaintiffs join in one claim?

Yes, logically related

What’s the policy rationale behind Permissive Joinder of Parties?

Efficiency