More Categories

Rule 18 – Joinder of Claims and Remedies

May 13, 2021 | Civil Procedure, Maine

(a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join either as independent or as alternate claims as many claims either legal or equitable or both, and individually and in the aggregate within the subject-matter jurisdiction of the court, as the party has against an opposing party.
(b) Joinder of Remedies; Fraudulent Conveyances. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims, if within the subject-matter jurisdiction of the court, may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to the plaintiff, without first having obtained a judgment establishing the claim for money.

Advisory Committee’s Notes May 1, 2000

Subdivision (b) is amended to eliminate the specific reference to the Superior Court. This change was apparently overlooked in the merger of the District Court and Superior Court rules.

Me. R. Civ. P. 18