Joinder

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Related to Joinder of Parties: Impleader
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
[section] 1652 Permissive Joinder of Parties under Rule 20(a)--Purpose
(114) Instead, he argues that the interests of fairness and judicial economy justify a modification of current compulsory joinder rules, simultaneously giving courts more discretion and expanding their power to compel joinder of parties whose presence would ensure the achievement of "overall resolution of the entire dispute between all interested persons parties and absentees alike." (115) Freer believes this system will sufficiently account for plaintiffs' due process rights where [t]he plaintiff is entitled to due process, to a fair and convenient forum, but has no right to exclusive possession of center stage regardless of the consequences on scarce judicial resources." (116) He warns against the adoption of a hard-and-fast rule that eliminates the discretion of the judiciary:
(106) As the Rutherford court noted, "the federal courts traditionally have held that matters of state civil procedure, including, presumably, joinder of parties and claims, have no bearing on the existence or nonexistence of federal subject matter jurisdiction in a given case." (107) In Shamrock Oil & Gas Corp.
are modeled after the federal joinder rule that authorizes permissive joinder of parties when the claims brought by or against them arise
Unless parties agree contractually or unless it is allowed under the governing arbitration rules, joinder of parties or multi-party arbitration is precluded in many jurisdictions.
7 of the current CCP, providing the venue for the joinder of parties).
One of them is the joinder of parties. Assume, for example, an air crash of a Lufthansa airplane at the Hamburg Airport.