9014(c):  CONTESTED MATTERS:  Need Court Permission to File a JOINDER or Apply Certain Part VII Rules

1.  Some Adversary Proceeding Rules Automatically Apply in a Contested Matter.  A contested matter begins when one party files a motion that seeks relief against another party.  Filing a contested matter is a procedure used when the relief sought does not require filing a  complaint and serving a summons (known as an adversary proceeding).  To resolve the contested matter, parties do not have authority to apply all of the "Part VII" rules in the FRBP, i.e. rules that apply in an adversary proceeding.  Court permission is required to apply certain adversary proceeding rules.  FRBP 9014(c) identifies the Part VII Rules rules that apply in a contested matter and excludes those Part VII Rules that are not listed which, thus, require court permission before they may be applied within a particular contested matter.   

2.  Filing a Response that Agrees with Claims and Arguments Contained in a Motion.  Filing a contested matter is a procedure used takes place when the requesting party (movant) files a MOTION that contemplates that the opposing party (respondent) may file an opposition to the motion.  Other parties may choose to file documents indicating whether they agree or disagree with the request(s) made in the motion made in the motion.  For parties who agree with the request made in the motion, "Joinder" in motion is a term that parties sometimes use to indicate they agree with the claims for relief or arguments made in the motion.   However, "Joinder" is the wrong term to use and the party should instead caption their document "Response to Motion" as indicated in LBR 9013-1(f).

3.  Federal Rules That Authorize Joining New Claims or New Parties in a Proceeding.  Under the FRBP and FRCP, the effect of a party being "joined" as a party to a proceeding is that the joined party is now a named party who can seek its own relief or remedies against another party in the proceeding.  As indicated above, this effect is not what is intended when a party simply agrees or disagrees with relief that a different party requests.  The FRCP has three rules that apply when a joinder is requested or allowed, namely FRCP Rules 18, 19 and 20:

• FRBP 7018, FRCP Rule 18:  One of the existing parties in an adversary proceeding ADDS CLAIMS for relief against another party  
• FRBP 7019, FRCP Rule 19:  A new PARTY GETS ADDED as a plaintiff or a defendant to an adversary proceeding that already exists because the new party is required to participate in the adversary proceeding  (MANDATORY JOINDER) 
• FRBP 7020, FRCP Rule 20:  A new PARTY GETS ADDED as a plaintiff or a defendant to an adversary proceeding that already exists, because the new party is allowed to participate in the adversary proceeding  (PERMISSIVE JOINDER)

4.  Court Permission is Required for a New Party To Be Joined in a Contested Matter. 

• FRBP 9014(c) does not authorize the application of FRBP 7018, 7019 or 7020 unless the court specifically orders that any of these rules apply.  Thus, a party is not authorized to "join" themselves in a contested matter. 
• FRBP 9014(c) provides as follows: "The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. The court shall give the parties notice of any order issued under this paragraph to afford them a reasonable opportunity to comply with the procedures prescribed by the order."
• The general procedure for obtaining an order from the court is to follow the procedures of LBR 9013-1, which is to serve and file a motion that is set for hearing an at least 21-days of notice, and request in the motion that the court grant the motion and enter an order authorizing Part VII rules that allow joinder of parties or claims in the contested matter.   
• If the court enters an order authorizing joinder of a new party or new claims, that order will contain due process provisions that provides other parties the opportunity to file responses or other documents as required or allowed by the court order, such as the due process provisions that are contained in LBR 9013-1(c)-(i).  

EXCEPTION: Under FRBP 3001(e), when a claim is transferred, and either the transferor or transferee files a proof of claim, the clerk must notify the other party of the right to join in the claim.  This right to join is different from a party requesting to be joined as a party in a contested matter, and the right extends to making an agreement on voting the claim, receiving dividends, etc.