Joinder

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Related to Joinder of Parties: Impleader

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 ?
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.
It also includes information on jurisdiction, multidistrict litigation, anti-suit injunctions, joinder of parties, settlements, appeals, international litigation, discovery, and remedies.
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.
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.
Many legal scholars have argued that this ground for venue for joinder of parties is too broad and exorbitant to admit as a ground for jurisdiction in international cases.
at 549-51 (emphasizing the fundamental analytical difference between the pendent-claim jurisdiction in Gibbs and the joinder of parties not named in any claim that is independently cognizable); id.
Decisions concerning joinder of parties, too, can depend on preclusion law.