Misjoinder

In legal procedure (both civil and criminal), misjoinder (also known as wrongful joinder) involves the improper inclusion of one or more parties or causes of action within a lawsuit.[1] The two forms of misjoinder are:[2]

  • Misjoinder of causes of action, or counts: joining several demands to enforce substantive rights of recovery that are distinct and contradictory.
  • Misjoinder of parties: joining as plaintiffs or defendants persons who have conflicting interests, or who were not involved in the same transaction or event.

United States

According to FRCP, Rule 21,[3]

Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

References

  1. ^ Hill, Gerald N.; Hill, Kathleen (2002). The people's law dictionary : taking the mystery out of legal language. New York, NY: MJF Books. ISBN 9781567315530.
  2. ^ Bouvier, John; Rawle, Francis (1897). Bouvier's Law Dictionary. Boston: Boston Book Company.
  3. ^ "FRCP Rule 21. Misjoinder and Nonjoinder of Parties". Wex. Cornell Law School. Retrieved 22 November 2021.

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