Joinder of Claims, Amendment of Claims, and Counterclaims: Shifting the Scope of the Trial

Abstract

This volume asks whether, when the dispute has changed, the relief can be changed within the pending suit. Amendment and joinder become means of consolidating relief only when the basis of the claim, the type of procedure, and the opposing party's opportunity to defend are considered together. The path to relief opens where the statutory relatedness and procedural requirements for joinder, amendment, or counterclaim are satisfied and the necessary service is made, and closes where the applicable requirements for permission are not met, such as where the amendment changes the basis of the claim or causes significant delay. The six sections address, in turn, claims to be consolidated in a single suit, amendments that maintain the basis, written filings and service, the meaning of disallowing an amendment, the connection and delay of counterclaims, and challenges to selective claims. The strongest counterargument is as follows. An attempt to consolidate disputes in a single proceeding may delay the hearing and weaken the right of defense. The editing of written filings and the strategic arrangement of parallel proceedings are not addressed in this volume.