0901 Module 01 CPC 07 Parties to a Suit, Joinder, Misjoinder and Non-joinder of Parties

 

Parties to a Suit, Joinder, Misjoinder and Non-joinder of parties

 

 

A party to a suit is a person or entity that is involved in a lawsuit. There are two types of parties to a suit: plaintiffs and defendants. The plaintiff is the person or entity who is bringing the lawsuit. The defendant is the person or entity who is being sued.

The rules governing who can be a party to a suit vary depending on the jurisdiction. However, there are some general principles that apply in most jurisdictions.

First, a party must have standing to sue. This means that the party must have suffered an injury that is legally recognizable.

 

Second, a party must be identified in the lawsuit. This means that the party's name must be listed in the complaint.

 

Third, a party must be indispensable to the lawsuit. This means that the lawsuit cannot be decided without the party's participation.

 

 

Joinder

 

Joinder is the process of adding parties to a lawsuit. There are two types of joinder: permissive joinder and compulsory joinder.

 

·       Permissive joinder allows the plaintiff to add any party who has an interest in the lawsuit. The court has discretion to allow or disallow permissive joinder.

·       Compulsory joinder requires the plaintiff to add certain parties to the lawsuit. The court cannot disallow compulsory joinder.

 

 

Permissive Joinder

 

Permissive joinder allows the plaintiff to add any party who has an interest in the lawsuit. The court has discretion to allow or disallow permissive joinder.

The purpose of permissive joinder is to allow the plaintiff to bring all of the relevant parties to the lawsuit together, so that the court can decide all of the issues in one case. This can help to save time and resources, and it can also help to ensure that the case is decided fairly.

However, the court is not required to allow permissive joinder. The court may disallow permissive joinder if it believes that it would be too inconvenient or time-consuming, or if it would prejudice the defendant.

For example, the court might disallow permissive joinder if the defendant is a small business and the addition of another party would make the case too expensive for the defendant to defend.

 

 

Compulsory Joinder

 

Compulsory joinder requires the plaintiff to add certain parties to the lawsuit. The court cannot disallow compulsory joinder.

The purpose of compulsory joinder is to ensure that all of the parties with a legal interest in the case are involved in the litigation. This is important because it can prevent a party from being prejudiced by the absence of another party.

For example, if a plaintiff is suing a defendant for breach of contract, the plaintiff would also be required to join the defendant's insurance company as a party to the lawsuit. This is because the insurance company has a legal interest in the case, and its absence could prejudice the plaintiff.

There are a few exceptions to the rule of compulsory joinder. For example, the court may allow the plaintiff to proceed without joining a party if the party is difficult or impossible to locate, or if the party's absence would not prejudice the plaintiff.

The joinder of parties is an important part of the litigation process. By understanding the different types of joinder and the rules that govern them, you can help to ensure that your case is handled properly and that your rights are protected.

The purpose of joinder is to ensure that all of the parties with an interest in the lawsuit are involved in the litigation. This helps to ensure that the case is decided fairly and efficiently.

 

 

Misjoinder

 

Misjoinder is the improper joinder of parties to a lawsuit. This can happen when a party is added to the lawsuit who does not have an interest in the case, or when a party is excluded from the lawsuit who should be included.

Misjoinder can lead to a number of problems, such as delaying the case or making it more difficult to resolve. In some cases, misjoinder can even lead to a case being dismissed.

There are two types of misjoinder: misjoinder of parties and misjoinder of causes of action.

• Misjoinder of parties occurs when a party is added to the lawsuit who does not have an interest in the case. This can happen when the party is not a necessary party, or when the party is an improper party.

A necessary party is a party who is essential to the resolution of the case. If a necessary party is not joined, the court may dismiss the case.

An improper party is a party who cannot be joined in the lawsuit, such as a party who is immune from suit.

• Misjoinder of causes of action occurs when two or more causes of action are joined in the same lawsuit that should be filed in separate lawsuits. This can happen when the causes of action are unrelated, or when the causes of action involve different parties.

If misjoinder of parties or causes of action occurs, the court may order the parties to be separated, or it may dismiss the case altogether.

 

 

Misjoinder of Parties

Misjoinder of parties occurs when a party is added to the lawsuit who does not have an interest in the case. This can happen when the party is not a necessary party, or when the party is an improper party.

• Necessary party: A necessary party is a party who is essential to the resolution of the case. This means that the party's presence is essential to the court's ability to make a fair and just decision. If a necessary party is not joined, the court may dismiss the case.
• Improper party: An improper party is a party who cannot be joined in the lawsuit, such as a party who is immune from suit.

Here are some examples of improper parties:

• A government entity that is immune from suit, such as the federal government or a state government.
• A party who is dead.
• A party who is a minor.
• A party who is not a resident of the jurisdiction where the lawsuit is filed.

If a party is misjoined, the court may dismiss the case or it may allow the case to proceed without joining the party. The court will consider a number of factors in making this decision, such as the prejudice to the parties and the likelihood of success on the merits.

If the court allows the case to proceed without joining the party, the party may still be able to intervene in the case at a later date. Intervention is a procedural mechanism that allows a party who was not originally a party to the case to join the case.

 

 

Misjoinder of Causes of Action

 

Misjoinder of causes of action occurs when two or more causes of action are joined in the same lawsuit that should be filed in separate lawsuits. This can happen when the causes of action are unrelated, or when the causes of action involve different parties.

 

Causes of action are the legal theories that a plaintiff uses to sue a defendant. For example, if a plaintiff is suing a defendant for breach of contract, the plaintiff's cause of action would be breach of contract.

Here are some examples of misjoinder of causes of action:

• A plaintiff sues a defendant for breach of contract and negligence in the same lawsuit. The breach of contract and negligence are unrelated causes of action and should be filed in separate lawsuits.
• A plaintiff sues a defendant and the defendant's insurance company in the same lawsuit. The defendant and the insurance company are different parties and should be sued in separate lawsuits.

If misjoinder of causes of action occurs, the court may order the causes of action to be separated, or it may dismiss the case altogether. The court will consider a number of factors in making this decision, such as the prejudice to the parties and the likelihood of success on the merits.

If the court orders the causes of action to be separated, the plaintiff will need to file separate lawsuits for each cause of action. This can be time-consuming and expensive.

If the court dismisses the case altogether, the plaintiff will not be able to recover any damages.

It is important to note that the rules governing misjoinder of causes of action can vary depending on the jurisdiction. It is always best to determine whether there has been misjoinder of causes of action in your case.

Here are some additional things to keep in mind about misjoinder of causes of action:

• The court may allow misjoinder of causes of action if it believes that it is in the interests of justice.
• The court may order the causes of action to be separated, or it may dismiss the case altogether.
• The plaintiff may still be able to recover damages if the court dismisses the case for misjoinder of causes of action.

It is important to be aware of the rules governing misjoinder of causes of action if you are involved in a lawsuit. By understanding these rules, you can help to protect your rights and ensure that your case is handled properly.

 

 

Problems that can be caused by Misjoinder

The following are some of the problems that can be caused by misjoinder:

·       Delay: Misjoinder can delay the case because the court may need to determine whether the misjoined party should be dismissed. This can add time and expense to the litigation process.

·       Confusion: Misjoinder can confuse the issues in the case because the court may need to consider multiple parties and multiple causes of action. This can make it difficult for the court to reach a fair and just decision.

·       Prejudice: Misjoinder can prejudice one or more of the parties in the case. For example, if a necessary party is not joined, the party may not be able to get a fair hearing.

Here are some additional things to keep in mind about misjoinder:

·       The rules governing misjoinder can vary depending on the jurisdiction.

·       The court may allow misjoinder if it believes that it is in the interests of justice.

·       The court may order the parties to be separated, or it may dismiss the case altogether.

It is important to be aware of the rules governing misjoinder if you are involved in a lawsuit. By understanding these rules, you can help to protect your rights and ensure that your case is handled properly.

 

 

Non-Joinder

 

Non-joinder is the failure to join a party to a lawsuit who should be included. This can happen when the plaintiff is unaware of the party's existence, or when the plaintiff believes that the party is not necessary to the case.

Non-joinder can also lead to a number of problems, such as the same issue being litigated in multiple cases, or a party being prejudiced by the absence of another party. In some cases, non-joinder can even lead to a case being dismissed.

 

There are two types of non-joinder:

·       Non-joinder of necessary parties: This occurs when a party who is essential to the resolution of the case is not joined. If a necessary party is not joined, the court may dismiss the case.

·       Non-joinder of proper parties: This occurs when a party who should be joined is not joined. However, the court may still proceed with the case if the absence of the party does not prejudice the other parties.

 

 

Non-Joinder of Necessary Parties.

 

A necessary party is a party who is essential to the resolution of the case. This means that the party's presence is essential to the court's ability to make a fair and just decision. If a necessary party is not joined, the court may dismiss the case.

There are a few factors that the court will consider in determining whether a party is necessary. These factors include:

·       The party's interest in the case: The party must have a legally cognizable interest in the case. This means that the party must have suffered an injury that is recognized by the law.

·       The party's ability to affect the outcome of the case: The party must be able to affect the outcome of the case. This means that the party must have evidence that is relevant to the case or that can influence the court's decision.

·       The party's ability to be joined: The party must be able to be joined in the case. This means that the party must be able to be served with process and that the party must be willing to participate in the case.

If the court determines that a party is necessary, the court may dismiss the case if the party is not joined. However, the court may allow the case to proceed if the party's absence will not prejudice the other parties.

Here are some examples of necessary parties:

·       A defendant in a lawsuit: The defendant is always a necessary party because the court cannot make a decision about the case without the defendant's participation.

·       A co-plaintiff: A co-plaintiff is a person who is suing the same defendant as the plaintiff. The co-plaintiff is a necessary party because the court cannot make a decision about the case without the co-plaintiff's participation.

·       A third-party beneficiary: A third-party beneficiary is a person who is not a party to the contract but who is intended to benefit from the contract. The third-party beneficiary is a necessary party if the court's decision in the case will affect the third-party beneficiary's rights.

 

 

Non-Joinder of Proper Parties.

 

Non-joinder of proper parties occurs when a party who should be joined is not joined. However, the court may still proceed with the case if the absence of the party does not prejudice the other parties.

 

A proper party is a party who should be joined in the case, but whose absence will not prejudice the other parties. The court may allow the case to proceed without joining a proper party if the party's absence will not affect the outcome of the case or if the party's interests are adequately represented by the other parties.

The court will consider a number of factors in determining whether to allow the case to proceed without joining a proper party. These factors include:

·       The party's interest in the case: The party must have a legally cognizable interest in the case. This means that the party must have suffered an injury that is recognized by the law.

·       The party's ability to affect the outcome of the case: The party must not be able to affect the outcome of the case. This means that the party must not have evidence that is relevant to the case or that can influence the court's decision.

·       The party's ability to be joined: The party must be able to be joined in the case. This means that the party must be able to be served with process and that the party must be willing to participate in the case.

·       The prejudice to the other parties: The other parties must not be prejudiced by the party's absence. This means that the other parties must not be deprived of a fair trial or of their ability to protect their interests.

If the court determines that the case can proceed without joining a proper party, the court may still allow the party to intervene in the case at a later date. Intervention is a procedural mechanism that allows a party who was not originally a party to the case to join the case.

Here are some examples of proper parties:

• A co-defendant: A co-defendant is a person who is being sued by the same plaintiff as the defendant. The co-defendant is a proper party because the court's decision in the case will affect the co-defendant's rights.
• A third-party plaintiff: A third-party plaintiff is a person who is suing a defendant who is also a plaintiff in the case. The third-party plaintiff is a proper party because the court's decision in the case will affect the third-party plaintiff's rights.
• A witness: A witness is a person who has information about the case. The witness is a proper party if the witness's absence will prejudice the other parties.

The following are some of the problems that can be caused by non-joinder:

·       Prejudice: Non-joinder can prejudice one or more of the parties in the case. For example, if a necessary party is not joined, the party may not be able to get a fair hearing.

·       Inefficiency: Non-joinder can make the litigation process more inefficient. For example, if the same issue is litigated in multiple cases, this can waste time and resources.

·       Unfairness: Non-joinder can lead to an unfair outcome. For example, if a party is not joined and the case is decided against the other parties, the party who was not joined may be able to relitigate the case later.

Here are some additional things to keep in mind about non-joinder:

·       The rules governing non-joinder can vary depending on the jurisdiction.

·       The court may allow non-joinder if it believes that it is in the interests of justice.

·       The court may order the parties to be joined, or it may dismiss the case altogether.

It is important to be aware of the rules governing non-joinder if you are involved in a lawsuit. By understanding these rules, you can help to protect your rights and ensure that your case is handled properly.

 

 

Conclusion

 

To conclude we have seen, the rules governing parties to a suit, joinder, misjoinder, and non-joinder are complex and can vary depending on the jurisdiction. Here are some additional things to keep in mind about parties to a suit, joinder, misjoinder, and non-joinder:

• The rules of joinder can be waived by the parties.
• The rules of joinder can be changed by the court in certain circumstances.
• The rules of joinder can be affected by the law of the jurisdiction where the case is filed.

It is important to be aware of the rules of joinder when filing a lawsuit. By understanding these rules, you can help to ensure that your case is handled properly and that your rights are protected.