Compulsory Joinder is a legal concept that requires two or more parties to be legally joined to a lawsuit for it to proceed. This means that each party must have certain rights or obligations that are connected to the matter of the lawsuit. This also means that if one party does not join the suit, the court will not be able to grant a proper legal outcome.
When Does Compulsory Joinder Apply?
Compulsory Joinder applies to all proceedings, whether they are contractual disputes, family law matters, wills disputes, or inheritance disputes. The three most common circumstances where Compulsory Joinder is used are: when rights are inextricably bound together; when the rights of the parties are so closely intertwined that justice cannot be done if either party is excluded; and when a party has some form of interest in the property, rights, or debts subject to the suit.
Modern Examples of Compulsory Joinder
For example, a landlord and tenant would need to be jointly joined in a lawsuit in order to determine the extent of the tenant’s rights and obligations and vice versa. Similarly, trust litigation cases involve trustees, beneficiaries, and third parties who may have an interest in the assets held by the trust. Here, the third party would need to be compulsory joined to the legal dispute in order to give the court the authority to make a decision on the matter.
The Benefits of Compulsory Joinder
Compulsory Joinder ensures that all parties affected by the dispute have an equal opportunity to be heard by the court. This improves the fairness of the legal process and ensures that justice is served. Moreover, by requiring parties to be unanimously joined to the case, it also eliminates the possibility for secrets to be kept from the court.
Final Thoughts on Compulsory Joinder
Compulsory Joinder is a powerful legal concept that ensures fairness in legal proceedings. All parties affected by a lawsuit must join in order to ensure a fair result, and all relevant facts must come to light in order to guarantee justice.