Advise on joining a person to a civil action
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the instructions, record who would be joined, whether that person would join as a plaintiff or a defendant, and the facts given for the same transaction or occurrence, a common question, complete relief among the existing parties, and any interest that person claims. Do not decide that joinder is required and do not draft the motion.
- What the lawyer must review
- You decide whether Rule 20 or Rule 19 is met and you write the motion. Persons may join as plaintiffs, and persons may be joined as defendants, if the right to relief arises out of the same transaction, occurrence, or series, and any question of law or fact common to them will arise. A person whose joinder will not deprive the court of subject-matter jurisdiction, and who is subject to service of process, must be joined if, in that person's absence, the court cannot accord complete relief among existing parties, or if that person claims an interest and disposing of the action may as a practical matter impair that interest or leave a party at substantial risk of inconsistent obligations. If a required person has not been joined, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made a defendant or, in a proper case, an involuntary plaintiff. If joinder is not feasible, the court decides whether the action should proceed or be dismissed. Rule 19 is subject to Rule 23. Presenting the motion is a Rule 11 certification. Formal Opinion 512 requires review of generated text before filing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.