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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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given for one or more <strong>of</strong> <strong>the</strong> plaintiffs according to <strong>the</strong>ir respective rights to relief, and<br />

against one or more defendants according to <strong>the</strong>ir respective liabilities.<br />

(b) Separate <strong>Trial</strong>s. The court may make such orders as will prevent a party from<br />

being embarrassed, delayed, or put to expense by <strong>the</strong> inclusion <strong>of</strong> a party against whom<br />

he asserts no claim and who asserts no claim against him, and may order separate trials or<br />

make o<strong>the</strong>r orders to prevent delay or prejudice.<br />

Rule 21. Misjoinder and Non-Joinder <strong>of</strong> Parties. isjoinder <strong>of</strong> parties is not ground for<br />

dismissal <strong>of</strong> an action. Parties may be dropped or added by order <strong>of</strong> <strong>the</strong> court on motion<br />

<strong>of</strong> any party or <strong>of</strong> its own initiative at any stage <strong>of</strong> <strong>the</strong> action and on such terms as are<br />

just. Any claim against a party may be severed and proceeded with separately.<br />

Rule 22. Interpleader.<br />

(a) Persons having claims against <strong>the</strong> plaintiff may be joined as defendants and<br />

required to interplead when <strong>the</strong>ir claims are such that <strong>the</strong> plaintiff is or may be exposed to<br />

double or multiple liability. It is not ground for objection to <strong>the</strong> joinder that <strong>the</strong> claims <strong>of</strong><br />

<strong>the</strong> several claimants or <strong>the</strong> titles on which <strong>the</strong>ir claims depend do not have a common<br />

origin or are not identical but are adverse to and independent <strong>of</strong> one ano<strong>the</strong>r, or that <strong>the</strong><br />

plaintiff avers that he is not liable in whole or in part to any or all <strong>of</strong> <strong>the</strong> claimants. A<br />

defendant exposed to similar liability may obtain such interpleader by way <strong>of</strong> cross-claim<br />

or counterclaim. The provisions <strong>of</strong> this rule supplement and do not in any way limit <strong>the</strong><br />

joinder <strong>of</strong> parties permitted in Rule 20.<br />

(b) Vacant. (Interpleader)<br />

Rule 23. Class Actions.<br />

(a) Prerequisites to a Class Action. One or more members <strong>of</strong> a class may sue or be<br />

sued as representative parties on behalf <strong>of</strong> all only if (1) <strong>the</strong> class is so numerous that<br />

joinder <strong>of</strong> all members is impracticable, (2) <strong>the</strong>re are questions <strong>of</strong> law or fact common to<br />

<strong>the</strong> class, (3) <strong>the</strong> claims or defenses <strong>of</strong> <strong>the</strong> representative parties are typical <strong>of</strong> <strong>the</strong> claims<br />

or defenses <strong>of</strong> <strong>the</strong> class, and (4) <strong>the</strong> representative parties will fairly and adequately<br />

protect <strong>the</strong> interests <strong>of</strong> <strong>the</strong> class.<br />

(b) Class Actions Maintainable. An action may be maintained as a class action if <strong>the</strong><br />

prerequisites <strong>of</strong> subdivision (a) are satisfies, and in addition:<br />

(1) <strong>the</strong> prosecution <strong>of</strong> separate actions by or against individual members <strong>of</strong> <strong>the</strong><br />

class would create a risk <strong>of</strong><br />

(A) inconsistent or varying adjudications with respect to individual members<br />

<strong>of</strong> <strong>the</strong> class which would establish incompatible standards <strong>of</strong> conduct for <strong>the</strong> party<br />

opposing <strong>the</strong> class, or

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