This memorandum covers a wide but inter-related range of subjects: amendment of pleadings; joinder of claims and consolidation of actions; joinder of parties; third party claims; counterclaims; and representative actions. It organizes discussion under 43 issues distilled from research, consultation and the experience and views of the General Rewrite Committee. With respect to amendments by one party, the Committee proposes: that, instead of the present limit of one, there be no limit on the number of amendments a party may make to a pleading without leave of the Court; that amendments adding, deleting, or substituting parties continue to be possible without leave; and consequential amendments by the other side be made within 10 days and that these amendments should be limited to responding to matters raised by the original amendment. Regarding joinder of claims and consolidation of actions, the Committee recommends that some current restrictions should be removed so that all parties will be allowed to sue in different capacities in one action. For joinder of parties, the Committee recommends that there should be a single rule for the joinder of plaintiffs and for the joinder of defendants and the court should have a clear, open-ended discretion to add, delete, and substitute parties where necessary without causing prejudice. Regarding third party claims the committee proposes that a defendant should be able to advance an independent claim under third party procedure if the claim is sufficiently related to the main action. The Committee makes recommendations for improved drafting and organization of the rules for counterclaims. The Committee proposes that Rule 42 be abolished with respect to plaintiff classes as it will not be needed for those classes once the enactment of the Class Proceedings Act is proclaimed.
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