joinder

Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding; union; concurrence. The consent to an agreement or document by a party who has an interest in the subject matter of the agreement or document, but who is not himself an active party to the agreement or document.

@ collusive joinder

The joinder of a defendant, commonly a nonresident, for purpose of removal to or conferring jurisdiction on a Federal Court. Bentley v. Halliburton Oil Well Cementing Co., D.C.Tex., 174 F.2d 788, 791.

See also joinder

@ compulsory joinder

A person must be joined in an action if complete relief cannot be afforded the parties without his joinder or if his interest is such that grave injustice will be done without him. Fed.R.Civ.P. 19(a).

See joinder of parties, below

@ joinder in demurrer

In common law pleading, when a defendant in an action tenders an issue of law (called a "demurrer"), the plaintiff, if he means to maintain his action, must accept it, and this acceptance of the defendant's tender, signified by the plaintiff in a set form of words, is called a "joinder in demurrer." Joinder in issue. In common law pleading, a formula by which one of the parties to a suit joins in or accepts an issue in fact tendered by the opposite party. Also called "similiter"

@ joinder in pleading

In common law pleading, accepting the issue, and mode of trial tendered, either by demurrer, error, or issue, in fact, by the opposite party

@ joinder of claims

Under rules practice, a party asserting a claim to relief as an original claim, counterclaim, cross claim or third party claim may join as many claims as he has against an opposing party whether they are legal or equitable. Fed.R.Civ.P. 18(a); New York C.P.L.R. No. 601

@ joinder of defendants

Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. Fed.R.Crim.Proc. 8(b)

@ joinder of error

In proceedings on a writ of error in criminal cases, the joinder of error is a written denial of the errors alleged in the assignment of errors. It answers to a joinder of issue in an action

@ joinder of indictments or informations

@ joinder of indictments

@ joinder of informations

The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were such single indictment or information. Fed.R.Crim.P. 13

@ joinder of issue

The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it

@ joinder of offenses

Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Fed.R.Crim.Proc. 8(a)

See joinder

@ joinder of parties

The act of uniting as parties to an action all persons who have the same rights or against whom rights are claimed, as either co-plaintiffs or co-defendants. Fed.R.Civil P. 19 and 20.

See joinder

@ necessary and indispensible parties

Prior to 1966 the federal, and most state, courts used classifications to determine if a person should or must be joined in an action. The label "indispensible" was used if the connection to the action of the absentee party was so close that the action should be dismissed unless the party was joined. The label "necessary" was used if the party was one who ought to be joined if this was possible. These classifications proved unsatisfactory and in 1966 Fed.Rule of Civil Proc. 19 was replaced with a new Rule 19, "Joinder of Persons needed for Just Adjudication." Rule 19(a) defines the class of persons who are needed for just adjudication. If an absentee meets this test, and is subject to process, the court must require that he be joined. If the absentee is needed for just adjudication and is not subject to process, Rule 19(b) states the factors to be considered in deciding whether to proceed in his absence or to dismiss the action.

See joinder

@ proper parties

If a party has some relation to the action, but it is not so close as to make him a person needed for just adjudication within Rule of Civil Proc. 19(a), he is a "proper" party, and the plaintiff has an option whether to join him if the tests of Rule 20 are met

See joinder

@ joinder of remedies

Whenever a claim is one theretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court will 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. Fed.R.Civ.P. 18(b).

@ misjoinder

The improper joining together of parties to a suit, as plaintiffs or defendants, or of different causes of action. Misjoinder, however, is not a ground for dismissal. The improper party is merely dropped on motion of any party or on courts own motion. Fed.R. Civil P. 21. Relief from prejudicial joinder of offenses or defendants in an indictment or information is permitted under Fed.R.Crim.P. 14.

Misjoinder in a criminal prosecution is the charging in separate counts of separate and distinct offenses arising out of wholly different transactions having no connection or relation with each other. Optner v. U. S., C.C.A.Mich., 13 F.2d 11, 13.

See also joinder

@ nonjoinder

The omission to join some person as party to a suit, whether as plaintiff or defendant, who ought to have been so joined. An omitted party may be added on motion of any party or on courts own motion. Fed.R. Civil P. 21.

@ permissive joinder

All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action.

All persons (and any vessel, cargo or other property subject to admiralty process in rem) may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any questions of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against, all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities. Fed. R.Civ.P. 20(a)

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