13[a] compulsory counterclaim - D must assert claim 14[a][3] - P can assert claim against 3PD

arising out of the same transaction/occurrence that is

subject matter of original suit Original P may assert against IF P does so, 3PD MUST assert
3PD any claim arising out of the any R12 defense against P & any
Personal injuries for car same transaction or occurence as compulsory counterclaim; MAY
Plaintiff Defendant
accident subject matter of P's claim assert any permissive counterclaim
against original D or crossclaim against P
Property damage from same
car accident Negligence [car accident
MUST check - Plaintiff Defendant MUST check - 1)
causing injury]
1) does claim fit can party be joined
within joinder rules? under FRCP?
If same car accident - same
2) SMJ + PJ? Contribution or 2) SMJ [1367] -
transaction/occurrence - compulsory!
3) preclusion? Indemnity Claim - watch out for
Must be brought or it is waived & will be P's claim must
precluded! must be secondarily diversity issues
arise out of same 3) Is there PJ?
liable!
transaction or 3PD MUST assert 4k1[a-b] 100 mile
occurrence as P's any R12 defense or 3rd party
rule
claim against compulsory cc defendant
original D! against original P

13[b] - Permissive Counterclaim - doesn't arise out of same

transaction/occurence - needs independent jurisdiction!

Personal injuries for car 14[a][2] - 3PD can assert claim against original P
Plaintiff accident where D was neg. Defendant -3PD may assert against P any defense original D has to P's claim
May assert against P any claim arising out of the same transaction or occurrence
that is subject matter of P's claim against original D
Breach of K
MUST check -
1) does claim fit
within joinder If not same/transaction occurrence - Negligence [car accident
rules? may bring, but don't have to - not Plaintiff causing injury] Defendant
precluded if D doesn't bring - can be MUST check - 1) can
2) SMJ + PJ? party be joined under
3) preclusion? brought in an independent suit. Contribution or
FRCP?
Indemnity Claim -
2) SMJ [1367] - watch
must be
out for diversity issues
secondarily liable!
Need same transaction or 3) Is there PJ? 4k1[a-b]
Rule 13[g] - D1 may crossclaim against existing co-D [both parties to occurrence as P's claim 100 mile rule
original action] that arises out of the same transaction or occurrence that against original D! 3rd party
is the subject matter of original suit or counterclaim defendant

Defendant 1
Negligence [car accident
causing injury] Crossclaim for Product 14[a][2] - 3PD claims & defenses -
Plaintiff Liability against 3PD must assert any R12 defenses against original D & any
existing co-D [party to compulsory counterclaims against original D
Negligence [car accident original action]
MUST check - 1) can causing injury]
Plaintiff Negligence [car accident
party be joined under Defendant Contribution or
Defendant 2 causing injury]
FRCP? Indemnity Claim - must
2) SMJ [1367] - watch be secondarily liable!
out for diversity MUST check - 1) can party be
issues joined under FRCP? TPD MUST assert all
3) Is there PJ? 2) SMJ [1367] - watch out for available R12 defenses
4k1[a-b] 100 mile rule diversity issues & compulsory
3) Is there PJ? 4k1[a-b] 100 3rd party counterclaims or
mile rule defendant they're WAIVED.

Rule 14[a] - D may bring in a Third Party [if files complaint more
than 14 days after original answer must obtain courts leave] IF
proposed third party would be secondarily/derivatively liable to D if
D is liable to P [Watergate]
Contribution or MUST check - 1)
Negligence [car accident Defendant Indemnity Claim - can party be
Plaintiff
causing injury] must be secondarily joined under
liable! FRCP?
2) SMJ [1367
Rule 14[a] - Defendant may as a third party doesn't apply to
plaintiff serve a summons & complaint on a Once party added as parties joined by
nonparty or is or may be liable for all or part of 3PD - 18[a] allows defendants!]
3rd party
the claim against it original D or 3PD to 3) Is there PJ?
defendant
*Liability need not be shown conclusively, just pursue unrelated 4k1[a-b] 100 mile
that 3PD may be liable for damages original P claims rule
seeks from original D