§ Rule 18 Joinder of claims and remedies

Codes > Alabama Rules of Civil Procedure > IV Parties > Rule 18

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 either legal or equitable, or both, as the party 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 that plaintiff, without first having obtained a judgment establishing the claim for money.

    (c) Liability insurance coverage. In no event shall this or any other rule be construed to permit a jury trial of a liability insurance coverage question jointly with the trial of a related damage claim against an insured.

    (dc) District court rule. Rule 18 applies in the district courts, except that (1) in Rule 18(a) the provision for joinder of legal or equitable claims is limited to the joinder of claims which come within the jurisdiction of the district courts, (2) Rule 18(b) applies in the district courts only within the limits of the jurisdiction of the district courts, and (3) Rule 18(c) is deleted.