THE PARTY SIMILE Party Joinder & Discovery Party giver must decide Who to invite Who would you like to invite Who must be invited Advance information Who cares about which issues Who has money

THE PARTY SIMILE Party Joinder & Discovery Joinder Who to invite Must May Discovery What information need? How get it?

THE PARTY SIMILE Permissive Joinder Party Giver/Fundraiser Presumptive discretion Who to give party with Who to invite Plaintiffs Presumptive discretion who to join with as plaintiffs who to join as defendants “Permissive Joinder” Rule 20

THE PARTY SIMILE Compulsory Joinder Party/Fundraiser Some obligatory invitees Whether you want to, or not

THE PARTY SIMILE Compulsory Joinder Party/Fundraiser Some obligatory invitees Whether you want to, or not Plaintiffs Discretion limited If lawsuit will determine others’ rights “Compulsory joinder” Rule 19

THE PARTY SIMILE Intervention Party/Fundraiser Guests ever get to invite themselves? Lawsuit Sometimes folks can “crash” the lawsuit “Intervention” FR 24

POLICY CONCERNS Joinder Fairness to plaintiff Control lawsuit Fairness to non-parties Will lawsuit affect rights? Efficient dispute resolution Avoid duplicative lawsuits Avoid “monster” lawsuits

SKILLS: READING RULES FR 20(a) Permissive Joinder of Parties (1 st sentence) All persons May join in one action As plaintiffs if They assert any right to relief Jointly, severally, or in the alternative In respect of or arising out of The same transaction occurrence, or series of transactions or occurrences And if Any question of law or fact Common to all these persons Will arise in the action

THE PARTY SIMILE Discovery Party preparation Information gathering Informal – ask around Be direct Oral Written note Limits on what’s permissible

THE PARTY SIMILE Discovery Discovery Rules Limits Relevance & Privileges Rule 26(b) Methods Oral: Depositions Rule 30 Written: Interrogatories Rule 33 Produce documents Rule 34

TAKE-AWAYS Discovery Fairness to plaintiff & defendant Can the parties get relevant information? What about privacy/confidentiality concerns? How much will it cost? How long will it take? Who benefits from delay? Efficient resolution of disputes Impact on system