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 ?
Thus, Freer's recommendation would seemingly permit--or even encourage--joinder of parties, regardless of the type of action, if such joinder is equitable and promotes judicial economy.
To avoid any challenge to prudential standing when a patent owner is unwilling or unable to join a lawsuit, the license should structure the assignment of rights so that joinder by the patent owner is not required.
The calibration begins with the simplest of combinations--say, the joinder of two unrelated plaintiffs suing for injuries sustained in an auto crash.
10) In particular, these mass lawsuits suffer from improper joinder and the forum court's lack of personal jurisdiction over many (if not most) of the defendants.
allowed joinder of defendants simply because the plaintiff claimed that
Senior can take advantage of the lousy economy, the discounts for lack of marketability and minority interest, plus the annual donee exclusions with a spousal joinder to save his family a sizable amount of estate and gift taxes.
It also includes information on jurisdiction, multidistrict litigation, anti-suit injunctions, joinder of parties, settlements, appeals, international litigation, discovery, and remedies.
The hospital filed a joinder to the surgeon's motion for summary judgment.
An insufficient legal description of the property, a lack of subscribing witnesses, and failure to obtain joinder of the grantor's spouse on a deed to homestead property are a few examples of this type of defect.
The likelihood is even less," she added, "because the arbitration clause prohibits the joinder of claims and class actions.
In the Eighth Circuit and elsewhere, traditional fraudulent joinder occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant even though the plaintiff has no reasonable basis for a claim against the nondiverse defendant.
Among their topics are the procedural system, adjudicative power: subject matter jurisdiction, choosing and ascertaining the applicable law, discovery, joinder of claims and parties, trials, and alternatives to litigation.