For business owners and legal professionals it’s important to understand the implications of joinder, and what it means in terms of taking legal action. Joinder is a legal term that is used to describe when one or more parties are added to a pending lawsuit, or when a lawsuit involves multiple parties.
In a joinder, the Added Parties are joining forces with the original Plaintiffs. This means that the Added Parties are agreeing to the same facts and claims asserted by the Plaintiffs in the Complaint. Defendants named in the Complaint, meanwhile, will be obligated to defend against all claims asserted against them by all Parties in the action.
An example of joinder could be a situation where two companies are engaged in a dispute with each other. Both companies could join forces and bring a third party to the dispute, who would then legally join the lawsuit as a Plaintiff.
Types of Joinder
There are two primary types of joinder, permissive joinder and impleader. In permissive joinder, one or more Plaintiffs or Defendants can be added to an original lawsuit. Impleader, meanwhile, gives Defendants the ability to add Third Parties of their own.
In addition, there are three other types of joinder in legal terms. Joinder of claims and joinder of causes of action involve consolidating multiple claims or causes of action into a single suit. Joinder of parties, meanwhile, pertains to joining multiple Plaintiffs or multiple Defendants in a single lawsuit.
Other Joinder Considerations
When making a joinder the parties should always bear in mind the potential for conflicts of interest. For example, if two Plaintiffs in a case have different interests or objectives they may not be able to fairly represent each other in court. It’s important to understand all potential conflicts of interest before making a joinder.
When making a joinder the parties must also comply with the Rules of Civil Procedure in terms of filing deadlines and jurisdiction. Joinders in many cases also require a motion to the court or judicial approval before the additional parties
can become a part of the action.
Joinder can be a powerful legal tool when action requires multiple parties. It’s important to understand the potential implications of joinder and the proper procedures involved before moving forward.