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Topic: Joinder

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	Joinder - LoveToKnow 1911
		Joinder of causes of action is the uniting in the same action several causes of action.
		Save in actions for the recovery of land and in actions by a trustee in bankruptcy a plaintiff may without leave join in one action, not several actions, but several "causes of action." Claims by or against husband and wife may be joined with claims by or against either of them separately.
		Joinder in pleading is the joining by the parties on the point of matter issuing out of the allegations and pleas of the plaintiff and the defendant in a cause and the putting the cause upon trial.
	www.1911encyclopedia.org /Joinder (235 words)

	Joinder - Wikipedia, the free encyclopedia
		Joinder is a legal term which refers to the inclusion of additional counts or additional defendants on an indictment.
		Joinder of claims is addressed in U.S. law by the Federal Rules of Civil Procedure No. 18(a).
		Permissive joinder allows multiple plaintiffs to join in an action if each of their claims arise from the same transaction or occurrence, or if there is a common question of law or fact relating all plaintiffs' claims.
	en.wikipedia.org /wiki/Joinder (571 words)

	"Joinder, J Of Actions" Defined & Explained
		The joinder in action depends on the form of action rather than on the subject-matter of it; in an action against a carrier for example, if the plaintiff declare in assumpsit, he cannot join a count in trover as he may if he declare against him in case.
		JOINDER OF ISSUE - The act by which the parties to a cause arrive at that stage of it in their pleadings, that one asserts a fact to be so and the other denies it.
		JOINDER OF PARTIES TO ACTIONS - It is a rule in actions ex contractu that all who have a legal interest in the contract and no others, must join in action founded on a breach of such contract; whether the parties are too many or too few, it is equally fatal.
	www.lectlaw.com /def/j001.htm (691 words)

	Non-joinder of Parties in Civil Suits - Author - Ashwini Chawla - National University of Juridical Sciences - Kolkata (Site not responding. Last check: 2007-10-11)
		According to the aforesaid, the joinder of plaintiffs and defendants requires a right of relief in respect of the same act or transaction, which has to be alleged to exist.
		As far as joinder of plaintiffs is concerned, the important factor is that there should be a common act or transaction out of which the relief is claimed, and not common causes of action.
		Holding that joinder or non-joinder of parties is too technical, it was held that this shall not operate to deny a person any benefit under any enactment.
	www.legalserviceindia.com /articles/cpc.htm (5224 words)

	Article - "Joinder Of Third Parties In Divorce Cases" By Gregg A. Greenstein, Esq.
		The decision is significant because it confirms that joinder may be permitted or necessary in a divorce case.
		Although some case law supports the idea of necessary joinder in Colorado divorce cases, it should be noted that no reported Colorado decisions directly confirm that the concept of necessary or permissive joinder extends to divorce cases.
		Although no case law specifically supports the joinder concept in divorce cases, joinder in divorce, or separate litigation involving persons affected by the determination of issues within a divorce case, should be considered by the practitioner as potential parties in the initial stages of every divorce case.
	www.frascona.com /resource/gag497jo.htm (1914 words)

	Prof. Pedro A. Malavet, Civil Procedure Class Notes, Part Six: IV. Joinder of Claims and Parties
		Apart from the procedural propriety of the joinder under Rule 20(a), however, there is a question whether a single trial of all claims against all defendants will prejudice some of the defendants.
		Joinder of necessary parties is excused when it is impossible, impractical, or involves undue complications.
		The [227] usual reasons in a federal court are that the absentee comes from the same state as an opposing party and his joinder would destroy diversity jurisdiction, the absentee has insufficient contacts with the forum to permit personal jurisdiction, or venue would be improper.
	nersp.nerdc.ufl.edu /~malavet/civpro/notes/part06.htm (5911 words)

	Joinder (Site not responding. Last check: 2007-10-11)
		Joinder/Factors: "Factors considered (in determining whether joinder would be reasonably practicable) include time and costs of uniting the land and willingness of other owners to participate in the assemblage." Id.
		Joinder/Prospective use: "Hence, when valuating the condemned parcel as part of a large parcel or assemblage, the requisite unity of use may be merely prospective; whereas, when assessing severance damages to the remaining part of a large parcel, the requisite unity of use must be actual and present." Id.
		Joinder/Severance: "(E)ven where severance damages to a remaining parcel may not be appropriate, the possibility of joinder may still be a proper consideration in the valuation of the property taken." Id.
	www.nevadaindex.com /joinder.htm (230 words)

	JOINDER OF PARTIES
		(a) The joinder of parties shall not be deemed to united for jurisdictional purposes amounts in controversy claimed severally, separately or in the alternative by or against the respective parties plaintiff and the defendant.
		(d) Except as otherwise provided by these rules the joinder of parties in any action shall not affect the procedural rights which each party would have if suing or sued separately, and the verdicts and judgments entered therein shall be joint, several or separate according to the nature of the right or liability therein determined.
		(b) Joinder of unnecessary parties is not ground for dismissal of an action.
	members.aol.com /RulesPA/C.2226.html (1147 words)

	Rule 51. Joinder of Claims and Remedies (Site not responding. Last check: 2007-10-11)
		The plaintiff in his petition or in a reply setting forth a counterclaim and the defendant in an answer setting forth a counterclaim may join either as independent or as alternate claims as many claims either legal or equitable or both as he may have against an opposing party.
		There may be a like joinder of claims when there are multiple parties if the requirements of Rules 39, 40, and 43 are satisfied.
		Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties.
	www.stcl.edu /library/TexasRulesProject/TRCPPartIIsec4A/rule511941.htm (190 words)

	RULE 3:15. JOINDER AND SEVERANCE
		If for any other reason it appears that a defendant or the State is prejudiced by a permissible or mandatory joinder of offenses or of defendants in an indictment or accusation the court may order an election or separate trials of counts, grant a severance of defendants, or direct other appropriate relief.
		If for any reason it appears that a defendant or the State is prejudiced by the joinder required by paragraph (a), the court may decline to join or may grant other appropriate relief.
		A defendant's request to avoid joinder shall constitute a waiver of any claim against twice being placed in jeopardy that would not have arisen had the defendant's request been denied.
	www.judiciary.state.nj.us /rules/r3-15.htm (517 words)

	Decision on Motion for Joinder
		According to the Prosecution’s Joinder Motion, the requirements of Rule 48 are met because all the indictments relate to the same “transaction”: a common scheme whose purpose was to ethnically cleanse the Eastern Bosnian enclaves.
		It adds that joining the six indictments would not cause prejudice to any of the accused because all the cases are “procedurally at the same pre-trial stage within a few months apart” and none of the accused would suffer a significant delay by having their case joined to the other five.
		Several responses to the Joinder Motion assert that, in a joint trial, prejudice to the accused may generally result from the presentation—in his trial—of evidence that relates exclusively to other accused.
	www.un.org /icty/popovic/trialc/decision-e/050921.htm (4458 words)

	Decision on Prosecution Motion for Joinder
		That Chamber based its decision denying joinder on the distinction, in time and place, between the Kosovo Indictment, on the one hand, and the Croatia and Bosnia Indictments, on the other, as well as on the distinction in the way in which the accused is alleged to have acted in each Indictment.
		However, joinder is likely to lead to a further delay in the start of a trial against this accused, as well as to a more complex and lengthy trial, with almost four times as many Prosecution witnesses testifying than if he were to be tried alone.
		Although joinder may, to some extent, expedite the start of the trial of Stanisic and Simatovic, the Trial Chamber concludes that this advantage does not outweigh the adverse effect that joinder would have on all accused, in that it will unduly prolong the length of a joint trial.
	www.un.org /icty/seselj/trialc/decision-e/051110.htm (6393 words)

	Joinder of Parties & Claims
		Although FRCP 14(a) authorizes joinder of claims the plaintiff has against the third-party defendant if those claims satisfy the same transaction or occurrence test there must also be complete diversity between the plaintiff and the newly added third party.
		This compulsory joinder of parties is an exception to the usual practice that leaves a plaintiff free to decide who shall be the parties to his lawsuit.
		Indispensable parties are those parties whose joinder will be compelled even at the cost of dismissing the action.
	www.west.net /~smith/joinder.htm (2768 words)

	NY CPLR, Article 6, Joinder of Claims, Consolidation, Severance, Gauthier
		There may be like joinder of claims when there are multiple parties.
		the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; 2.
		Notice of the proposed dismissal, discontinuance, or compromise shall be given to all members of the class in such manner as the court directs.
	www.garygauthier.com /nycplrarticle6.htm (1322 words)

	DivorceNet - Marital Torts in Divorce: The Case For Mandatory Joinder (Site not responding. Last check: 2007-10-11)
		The Missouri Dissolution of Marriage act allows the court to consider the conduct of the parties during the marriage to be considered in dividing the property.
		The joinder rules appear by their plain language to be permissive when one reads them.
		At least one court of another state has considered the rule against splitting a cause of action in the specific context considered herein, and has determined the tort action must be brought at the time of the divorce or be barred.
	www.divorcenet.com /states/missouri/mo_art15 (1245 words)

	MDAA - From the Courts
		The SJC, reversing the appellate court's decision on joinder, repeats the well settled principle that joinder of offenses is appropriate where the separate crimes show a common pattern of operation.
		The defendant was convicted on two complaints charging a total of eight counts of indecent assault and battery on a child under 14.
		Where both victims were 13 year old girls away from their homes, dependent on the defendant for parental protection, each attacked by the defendant in the same manner and using the same method of access during the middle of the night at approximately the same hour, joinder was appropriate.
	www.mass.gov /mdaa/courts/pillai.html (224 words)

	joinder (Site not responding. Last check: 2007-10-11)
		When the "numbers of joinders are so numerous that it becomes a BURDON on the court and too numerous to be practical the case will be restructured as a class action.
		In joining the case as a plaintiff we are asking that you be allowed to file a brief, joinder defendants, as for monetary relief, and have all the privileges of the original plaintiffs.
		In a class action joinder under FRCP 20 "relating to permissive joinder, in that such Rule does not apply to members of the class in an action brought pursuant to FRCP 23" When a class action is filed the joinders are nullified (normally), but I have requested suspension of this rule.
	www.gabnet.com /ep/us/joinder.htm (1574 words)

	ICANN \| Joinder of LACNIC into RIR-ICANN Memorandum of Understanding \| 30 October 2002 (Site not responding. Last check: 2007-10-11)
		Note: This joinder was signed by LACNIC and ICANN on 30 October 2002.
		It became effective on 31 October 2002, when the ICANN Board proclaimed LACNIC's joinder in resolution 02.126.
		LACNIC's joinder in the ASO-MOU shall become effective upon its proclamation by the ICANN Board.
	www.icann.org /aso/lacnic-joinder-30oct02.htm (320 words)

	Consolidation, joinder and class action Dispute Resolution Journal - Find Articles (Site not responding. Last check: 2007-10-11)
		If the parties to a dispute are not all signatories to the same arbi- tration agreement, absent their collective consent, there is no universal rule of "arbitral economy" that permits arbitrators, arbitration providers, or courts to order consolidation or joinder in the arbitration context.
		If the parties' agreement or the law provides for consolidation or joinder of related arbitration, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder.
		Most federal circuit courts have held that a district court may not consolidate multiple arbitrations when an arbitration agreement is silent on the issue of consolidation.6 One federal circuit court, however, applies a looser rule.
	www.findarticles.com /p/articles/mi_qa3923/is_200211/ai_n9339248 (596 words)

	Lycoming-Clinton Joinder Board
		The Lycoming-Clinton Joinder is comprised of two Agencies: the Lycoming-Clinton Mental Health/Mental Retardation Program, and Lycoming Children and Youth Services.
		Both of these Agencies are under the auspices of the Lycoming-Clinton Joinder Board which is comprised of the Commissioners from Lycoming and Clinton Counties.
		The MH/MR Program is mandated by the State to provide a variety of services to individuals with mental illness or mental retardation from Lycoming and Clinton Counties.
	www.joinder.org (218 words)

	RULE 4:29. JOINDER OF MULTIPLE PARTIES
		Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
		The court on its own motion may order the joinder of any person subject to service of process whose existence was disclosed by the notice required by R. 4:5-1(b)(2) or by any other means who may be liable to any party on the basis of the same transactional facts.
		The court shall not order such joinder unless it finds for specific reasons stated on the record that the interests of judicial economy and of non-parties which would be served by such joinder substantially outweigh the interests of the named parties in not joining additional parties.
	www.judiciary.state.nj.us /rules/r4-29.htm (392 words)

	WEST VIRGINIA RULES OF CIVIL PROCEDURE
		If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff.
		If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.
		The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.
	www.state.wv.us /wvsca/Rules/civilproc/IV.htm (2013 words)

	Civil Procedure Capsule Summary - Chapter 8
		FRCP 20 permits joinder of plaintiffs or defendants provided that the claims joined to bring multiple parties into the lawsuit:
		FRCP 19 compels joinder in certain circumstances where the adjudication of pending claims will be compromised without the involvement of the party sought to be joined.
		FRCP 19(a) furthermore excuses an involuntarily joined party from the case if he “objects to venue and [his] joinder.
	www.lexisnexis.com /lawschool/study/outlines/html/civpro/civpro08.htm (1954 words)

	Tax Court Rule 215 (Site not responding. Last check: 2007-10-11)
		If more than one petition is filed with respect to the qualification of the same retirement plan, then see Rule 141 (relating to the possibility of consolidating the actions with respect to the plan).
		(2) Joinder of Additional Parties: Any party to an action for declaratory judgment with respect to the qualification of a retirement plan may move to have joined in the action any employer who established or maintains the plan, plan administrator, or any person in whose absence complete relief cannot be accorded among those already parties.
		If more than one petition is filed with respect to the eligibility of the same estate, then see Rule 141 (relating to the possibility of consolidating the actions with respect to the estate).
	vls.law.vill.edu /prof/maule/taxcourt/tctr215.htm (806 words)

	CALI: Joinder of Claims and Parties (Site not responding. Last check: 2007-10-11)
		This is a unique learning tool to help students learn the principles of joinder under the Federal Rules of Civil Procedure.
		It does not assume any specific knowledge of the joinder rules—it is designed to teach the rules from scratch.
		All of the rules and statutes that are needed are available as part of the program and may be viewed at any time by selecting an on-screen button.
	lawschool.unm.edu /CALI/lesson.php?lid=392 (245 words)

	joinder - OneLook Dictionary Search
		Joinder : Online Plain Text English Dictionary [home, info]
		JOINDER : 1911 edition of the Encyclopedia Britannica [home, info]
		Phrases that include joinder: collusive joinder, compulsory joinder, joinder in issue, joinder of remedies, mandatory joinder, more...
	www.onelook.com /?w=joinder (225 words)

	Kentucky Rules of Civil Procedure 19
		If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case an involuntary plaintiff.
		If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.
		If a person as described in Rule 19.01 cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensible.
	www.louisvillelaw.com /civil_rules/cr19.htm (373 words)

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