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Encyclopedia > Joinder

Joinder is a legal term which refers to the additional inclusion of more counts or more defendants on an indictment. In English law charges for any offence may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar nature. A number of defendants may be joined in the same indictment even if no count applies to all of them, provided that the counts are sufficiently linked. The judge retains the option to order separate trials. February 2006 : ← - January - February - March - April - May - June - July - August - September - October - November - December- → 28 February 2006 (Tuesday) Al Askari Mosque bombing: Sixty-eight people have been killed so far today in Baghdad, Iraq. ... This page is about the European nobility; for the baseball term, see count (baseball). ... In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Charge is a word with many different meanings. ... In law, an offense is a violation of the penal law. ... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... A judge or justice is an official who presides over a court. ...


Joinder falls under two categories: joinder of claims and joinder of parties. Joinder of claims is addressed in the Federal Rules of Civil Procedure No. 18(a). That Rule allows claimants to bring all claims that they have against an individual who is already a party to the case. Claimants may bring these new claims even if the new claims are not related to the claims already stated. It is important to note that joinder of claims is never compulsory (i.e., it is always permissive), but joinder of claims requires that the court's subject matter jurisdiction requirements regarding the new claims be met independently. The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ...


Joinder of parties also falls into two categories: permissive joinder and compulsory joinder. Federal Rule of Civil Procedure No. 20 addresses permissive joinder. Permissive joinder is appropriate for 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 of fact relating all plaintiffs' claims. Permissive joinder is also appropriate to join multiple defendants, as long as the same considerations as joining multiple plaintiffs are met. Also, the court must have personal jurisdiction over every defendant joined in the action, as the court has no authority under Rule 20 to exercise supplemental jurisdiction.


Under the concept of compulsory joinder, Federal Rule of Civil Procedure 19 mandates that some parties be joined. Parties that must be joined are those necesarry and indispensable to the litigation. Note, though, that necessary parties must be joined if it is possible, but if they cannot be joined, the litigation will still go forward. If indispensable parties cannot be joined, by contrast, the litigation cannot go forward.


  Results from FactBites:
 
Joinder - LoveToKnow 1911 (235 words)
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.
Joinder - Wikipedia, the free encyclopedia (571 words)
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.
  More results at FactBites »


 

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