TITLE FOUR — PARTIES; JOINDER OF CLAIMS AND REMEDIES; CLASS ACTIONS
Rule 15. Joinder of Claims and Remedies
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, legal or equitable, or both, as that party has against an opposing party. Joinder under this subdivision is permissive, and no party is required to join a claim except where Rule 13.1 makes a counterclaim compulsory.
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 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. A plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as against that plaintiff without first obtaining a judgment for the money.
Contingent Claims. A party may join two claims even though one of them is contingent upon the disposition of the other. The court may grant relief only in accordance with the parties’ relative substantive rights and only when the contingency has occurred.
Legal and Equitable Claims in One Action. There being one form of action under Rule 2, claims at law and claims in equity arising out of the same or different transactions may be joined in a single complaint, and the court may grant legal and equitable relief in the same judgment. The joinder of an equitable claim does not enlarge any right to trial by jury, which is preserved only when explicitly demanded by law under Const. art. I, § 7.
Joinder Does Not Enlarge Substantive Rights. Joinder of claims is a rule of procedure and does not abridge, enlarge, or modify any substantive right, as 3 R. Stat. § 121.106(b) requires. Where a statute fixes a maximum recovery for a cause of action, the joinder of that cause of action with another does not enlarge that maximum, and the court shall not award upon joined claims a recovery that duplicates a single injury. Where the government is a party, the limits of 7 R. Stat. § 122.003 apply to the action as a whole and are not multiplied by the number of claims joined.
How Joined Claims Are Presented. All claims joined under this rule shall be set out in a single pleading, in separate counts, each count stating the claim, the party asserting it, and the party against whom it is asserted. A filing may carry more than one document, but the joined claims shall appear in one pleading. The fee assessed upon a filing derives from the filing code recorded by the electronic filing system and not from the number of claims joined, as provided in Rule 6.1.
Joinder of Claims Against Additional Persons. The joinder of a claim under this rule against a person who is not already a party is governed by Rule 14, Rule 17.1, and Rule 17.2, and requires the entry of that person upon the docket in the manner those rules prescribe. A self-represented party may not add a party by joining a claim.
Separate Trial or Severance. The court, on motion or on its own initiative, may order a separate trial of any joined claim, or may sever a joined claim, to avoid prejudice or to expedite the disposition of the action. Separate trials are governed by Rule 29 and severance by Rule 17.2(2).