Rule 18 JOINDER OF CLAIMS AND REMEDIES.

• Jurisdiction: Colorado

Rule 18. Joinder of Claims and Remedies.

(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, legal or equitable, as he 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 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 him, without first having obtained a judgment establishing the claim for money.

ANNOTATION

I. General Consideration

II. Joinder of Claims.

III. Joinder of Remedies.

I. GENERAL CONSIDERATION.

Law reviews. For article, "A Victim of 'Permissive Counterclaims'", see 18 Dicta 83 (1941). For article, "Parties: Rules 17-25", see 23 Rocky Mt. L. Rev. 552 (1951). For article, "Pleadings, Rules 7 to 25", see 28 Dicta 368 (1951). For article, "One Year Review of Civil Procedure", see 34 Dicta 69 (1957).

II. JOINDER OF CLAIMS.

Law reviews. For article, "Direct Action Against the Liability Insurer Under the Rules of Civil Procedure", see 22 Dicta 314 (1945). For comment on Crowley v. Hardman Bros. appearing below, see 23 Rocky Mt. L. Rev. 366 (1951). For article, "Joinder of Claims and Counterclaims in Cases Under the Uniform Dissolution of Marriage Act", see 15 Colo. Law. 1818 (1986).

At common law, legal and equitable causes of action could not be joined. Colo. High Sch. Activities Ass'n v. Uncompahgre Broadcasting Co., 134 Colo. 131, 300 P.2d 968 (1956).

Under this rule, however, either a plaintiff or defendant may join, either as independent or as alternate claims, as many claims either legal or equitable or both as he may have against an opposing party. Colo. High Sch. Activities Ass'n v. Uncompahgre Broadcasting Co., 134 Colo. 131, 300 P.2d 968 (1956).

Joinder of claims allowed if the requirements of C.R.C.P. 20 are met. Section (a) of this rule allows the joinder of as many claims as a plaintiff has when there are multiple parties, if the requirements of C.R.C.P. 20 are met. Twin Lakes Reservoir & Canal Co. v. Bond, 156 Colo. 433, 399 P.2d 793 (1965).

Where claims involve the same series of transactions and common questions of fact and...