JOINDER

joinder,n. The uniting of parties or claims in a single lawsuit. Cf. CONSOLIDATION(3). [Cases: Action 39–52; Federal Civil Procedure 81, 201–267; Parties 49. C.J.S. Actions §§ 143–176; Insurance §§ 1407, 1409–1410, 1567; Parties § 127.] — join,vb.

collusive joinder.Joinder of a defendant, usu. a nonresident, in order to have a case removed to federal court. See manufactured diversity under DIVERSITY OF CITIZENSHIP. [Cases:

Removal of Cases 36. C.J.S. Removal of Causes § 115.]

compulsory joinder.The necessary joinder of a party if either of the following is true: (1) in that party’s absence, those already involved in the lawsuit cannot receive complete relief; or (2) the absence of such a party, claiming an interest in the subject of an action, might either impair the protection of that interest or leave some other party subject to multiple or inconsistent obligations.

Fed. R. Civ. P. 19(a). — Also termed mandatory joinder. [Cases: Federal Civil Procedure 201.]

fraudulent joinder.The bad-faith joinder of a party, usu. a resident of the state, to prevent removal of a case to federal court. [Cases: Removal of Cases 36. C.J.S. Removal of Causes §

115.]

joinder in demurrer.Common-law pleading. A set form of words by which either party accepts or joins in a legal issue; esp., the plaintiff’s acceptance of the defendant’s issue of law. joinder in issue.See joinder of issue.

joinder in pleading.Common-law pleading. One party’s acceptance of the opposing party’s

proposed issue and mode of trial.

joinder of error.A written denial of the errors alleged in an assignment of errors in a criminal

case.

joinder of issue. 1. The submission of an issue jointly for decision. 2. The acceptance or adoption of a disputed point as the basis of argument in a controversy. — Also termed joinder in issue; similiter. 3. The taking up of the opposite side of a case, or of the contrary view on a question.

joinder of offenses.The charging of an accused with two or more crimes as multiple counts in a single indictment or information. • Unless later severed, joined offenses are tried together at a single trial. Fed. R. Crim. P. 8(a). [Cases: Indictment and Information 125. C.J.S. Indictments and Informations §§ 146–148.]

joinder of remedies.The joinder of alternative claims, such as breach of contract and quantum meruit, or of one claim with another prospective claim, such as a creditor’s claim against a debtor to recover on a loan and the creditor’s claim against a third party to set aside the transfer of the loan’s collateral. [Cases: Action 43; Federal Civil Procedure 81. C.J.S. Actions §§ 154, 156.] mandatory joinder.See compulsory joinder. misjoinder. See MISJOINDER. nonjoinder. See NONJOINDER.

permissive joinder.The optional joinder of parties if (1) their claims or the claims asserted against them are asserted jointly, severally, or in respect of the same transaction or occurrence, and (2) any legal or factual question common to all of them will arise. Fed. R. Civ. P. 20. [Cases:

Federal Civil Procedure 241.]

pretensive joinder.Joinder of defendants solely to obtain venue in a jurisdiction in which the

action could not otherwise be tried.

[Blacks Law 8th]