Joinder
Encyclopedia
Joinder is a legal term, which refers to the process of joining two or more legal issues together to be heard in one hearing
Hearing
Hearing may refer to:* Hearing , the sense by which sound is perceived* Hearing , a person who has hearing within normal parameters* Hearing , a legal proceeding before a court or other decision making body or officer...

 or trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes.

Criminal law

Joinder in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 refers to the inclusion of additional counts or additional defendants on an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

. In English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...

, charges
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 for any offence may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar nature. A number of defendants may be joined in the same indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 even if no single count applies to all of them, provided that the counts are sufficiently linked. The judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 retains the option to order separate trials.

Civil law

Joinder in civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 falls under two categories: joinder of claims, and joinder of parties.

Joinder of claims

Joinder of claims refers to bringing several legal claims against the same party together. In U.S. federal law, joinder of claims is governed by the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...

 18(a). That Rule allows claimants to consolidate all claims that they have against an individual who is already a party to the case. Claimants may bring new claims even if these new claims are not related to the claims already stated, for example, a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 suing someone for breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....

 may also sue the same person for assault. The claims may be unrelated, but they may be joined if the plaintiff desires.

Note that joinder of claims requires that the court have jurisdiction over the subject matter each of the new claims and that joinder of claims is never compulsory. A party who sues for breach of contract can bring his suit for assault at a later date if he chooses. However, if the claims are related to the same set of facts, the plaintiff may be barred from bringing claims later by the doctrine of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...

, e.g. if a plaintiff sues for assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

 and the case is concluded, he may not later sue for battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...

 regarding the same occurrence.

Joinder of Parties

Joinder of parties also falls into two categories: permissive joinder and compulsory joinder.

Federal Rule of Civil Procedure No. 20 addresses permissive joinder. Permissive joinder allows multiple plaintiffs to join in an action if each of their claims arise from the same transaction or occurrence, and if there is a common question of law or fact relating to all plaintiffs' claims. For example, several landowners suing a factory for environmental runoff onto their property. Permissive joinder is also appropriate to join multiple defendants, as long as the same considerations as for joining multiple plaintiffs are met. This often occurs in lawsuits regarding faulty products; the plaintiff will sue the manufacturer of the final product and the manufacturers of any constituent parts. The court must have personal jurisdiction over every defendant joined in the action.

Compulsory joinder is governed by Federal Rule of Civil Procedure 19. It sometimes makes it mandatory that some parties be joined. Parties that must be joined are those necessary and indispensable to the litigation. The rule includes several reasons why this might be true, including if that party has an interest in the dispute that they will be unable to protect if they are not joined. For example, if three parties each lay claim to a piece of property and the first two sue each other, the third will not be able to protect his (alleged) interest in the property if he is not joined. Another circumstance is when a party might end up with inconsistent obligations, for example he may be required by two different courts to grant two different parties exclusive rights to the same piece of property. This is avoided by joining the parties in one lawsuit. Note, though, that while "necessary" parties must be joined if that joinder is possible, the litigation will continue without them if joinder is impossible, for example if the court does not have jurisdiction over the party. If "indispensable" parties
Indispensable party
An indispensable party is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable. For example, if s/he claims an interest in the litigation, that interest may be impeded if s/he is...

cannot be joined, by contrast, the litigation cannot go forward. Courts have some discretion in determining what parties are indispensable, though the Federal Rules provide some guidelines.

Timing

Rules 18 and 20 have different effects depending on when they are invoked. Joinder may occur as part of an original pleading. There is a discretionary period after the initial filing, during which original pleadings may be amended as a matter of course. Parties or claims or both may be joined during this time. However, if the time for modifying the pleadings has passed, the pleading can be amended with the permission of the opposing party or the judge, though this permission is frequently granted. Rule 15 describes the process for amending a claim.

Under Rule 42 of Federal Rules of Civil Procedure, the court, if actions involve a common question of law or fact, may join any or all issues, consolidate the actions or issue any other orders to avoid unnecessary cost or delay. The court may also order a separate trial of one or more separate issues or claims - doing this for convenience, to avoid prejudice, or to expedite or improve economy.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK