I have a question about Rule 12.4 (US Sup Ct), which states in part: "A party not shown on the petition as joined therein at the time the petition is filed may not later join in that petition." (Rule 12.4, "Review on Certiorari: How Sought; Parties") http://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf

This seems to contradict current (and undisturbed) case law, holding that Joinder under F.R.Civ.P. 21 is even broader than Permissive Intervention under R.24(b): Rule 21 provides a court may join parties to an action “[o]n motion [of any party] or on its own…at any time [and] on just terms.” Fed.R.Civ.P. 21; Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 832 (1989) (noting the policies behind R.21 apply to appellate courts).

Indeed, The U.S. Supreme Court frequently exercises its authority to add (join) similarly-situated parties to avoid potential mootness or other jurisdictional problems where doing so entails no prejudice to parties, and requiring the movant “to start over in the District Court would entail needless waste and run[] counter to effective judicial administration.” Mullaney v. Anderson, 342 U.S. 415, 417 (1952).

This Supreme Court has not receded from or overturned this case law, so far as I can see, so what gives? -- I see one of 3 possibilities:

(1) The rule 'updated' the case law, and overturned it. (Bad for me!)

(2) The rule won't allow *me* to join an *existing* petition, but it *will* allow me to file one of my own, and join the other party to *mine* under this case law.

(3) The court is confused, and has a 'gray area of case law' that should be resolved by the justices.

The reason I ask is that I think that the clerk will not even file my joinder motion. (And with regards to my intervention motion, he says that the case law allowing me to intervene at any time is from an appellate court, persuasive, but not binding upon the supreme court.)

Which of those 3 descriptions seems the most correct interpretation of the rule? And, what should I tell the clerk when I e-file? Thx! (Not seeking legal advice, only interpretation and translation of their Byzantine rule!)

Gordon Wayne Watts



Byzantine, adjective - definition

"(sometimes lowercase) complex or intricate:
a deal requiring Byzantine financing'."

http://www.dictionary.com/browse/byzantine