Joinder


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Related to Joinder: joinder of issue, Non joinder

Joinder

 

(1) In criminal procedure, the participation of two or more persons as defendants in one and the same criminal case. In Soviet criminal procedure, the defendants are tried in one and the same case if they are accused of complicity in a crime, of concealment or failure to report a crime when not promised in advance, and in several other instances. All defendants have the same rights. If one defendant has defense counsel, the other defendants must have defense counsel if the interests of the defendants conflict. A defendant cannot appear as a witness against another defendant, even with reference to an incident in which he had no part.

(2) In civil procedure, joinder is the participation of two or more plaintiffs or two or more respondents in one and the same civil case. Joinder is mandatory if one or several plaintiffs have claims involving a common right or common duty against several respondents and if such claims cannot be considered separately—for example, as in joint liability. Joinder is optional when the court itself determines the advisability of joinder.

In criminal and civil procedure, the court must render an appropriate ruling or determination on the question of joinder.

References in periodicals archive ?
This was an appeal from a decision of Justice Giles dated 12 February 2018 in which his Honour held that the Court had no jurisdiction under RDC 20.7(2) to order the joinder of the Second Defendant, Mr Al Fadl, by the Claimants, where the claim against that defendant did not otherwise fall within the parameters of Article 5(A)(1)(a)-(d) of the JAL and that Article 5(A)(1)(e) of that law "was not brought into play by reason of the terms of that Rule of Court, whether or not it was to be seen as a " DIFC Regulation" for the purposes of that subsection of the Article.
But under Liberian law, the press release says joinder is not permissible at the Supreme Court.
The court's majority said a plaintiff can't use joinder to establish venue in a place where it otherwise wouldn't exist.
"The doctrine of 'fraudulent joinder', in which a district court can disregard, for jurisdictional purposes, the citizenship of non-diverse defendants at the time of removal, does not apply after a case has been removed.
Moreover, even if they were improperly joined, reversal is not required because improper joinder is subject to harmless error review.
Lawyers for the children are seeking a class action lawsuit on behalf of all detained children in similar situations, noting that "the size of the class is so numerous that joinder of all members is impracticable".
Besides co-editing a leading casebook on civil procedure, John early in his career produced a 100-page, two-part article on compulsory joinder. Reading this finely wrought piece makes one wonder how much important scholarship was lost when John turned his energies toward directorship of continuing legal education at Michigan, deaning at two law schools, Colorado and Wayne, and assorted bar-related projects.
There is a provision made for joinder of parties to arbitral proceedings.
It emphasizes the themes of litigant autonomy, system efficiency, and fairness to the parties and covers the rules and concepts surrounding joinder of claims and parties, rules governing battles between litigants as to the court that will be permitted to adjudicate their dispute, class action practice, and attorneyAEs fees, with cases placing rules and doctrines into specific context, as well as notes, principles, practice aspects, problems, exercises, and questions.
The issue of his joinder can be resolved with his addition as a defendant by counterclaim and the service of a relevant notice to him in accordance with Order 21 Rule 8, provided reference is made to him in the statement of defence and counterclaim.
It also entered into an incremental facility joinder agreement to its credit agreement in order to increase the available commitments under the revolving credit facility to USD550m.
The court found that the defendants falsely told homeowners they could get at least $75,000 or their homes free and clear through so-called mass joinder lawsuits against their mortgagors.