Misjoinder

Misjoinder

In legal procedure (both civil and criminal), misjoinder refers to a wrongful joinder.

Misjoinder of causes of action, or counts, consists in joining several demands to enforce substantive rights of recovery that are distinct and contradictory.

Misjoinder of parties consists in joining as plaintiffs or defendants persons who have conflicting interests, or who were not involved in the same transaction or event.

Federal Rules of Civil Procedure

According to FRCP Rule 21,

Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

References


Wikimedia Foundation. 2010.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • misjoinder — mis·join·der /mis jȯin dər/ n: an incorrect joinder of claims or parties in a legal action; also: an impermissible joinder of criminal charges or defendants compare duplicity, multifarious, multiplicity …   Law dictionary

  • Misjoinder — Mis*join der, n. (Law) An incorrect union of parties or of causes of action in a procedure, criminal or civil. Wharton. [1913 Webster] …   The Collaborative International Dictionary of English

  • misjoinder — [mis join′dər] n. Law the improper joining together of parties or of different causes of action in one lawsuit or other legal proceeding …   English World dictionary

  • misjoinder — noun Date: 1789 an improper union of parties or of causes of action in a single legal proceeding …   New Collegiate Dictionary

  • misjoinder — /mis joyn deuhr/, n. Law. a joining in one suit or action of causes or of parties not permitted to be so joined. [1850 55; MIS 1 + JOINDER] * * * …   Universalium

  • misjoinder — noun /ˌmɪsˈdʒɔɪn.də(ɹ)/ An incorrect union of parties or of causes of action in a procedure in criminal or civil court …   Wiktionary

  • misjoinder — n. illegal joining, illegal affiliation (Law) …   English contemporary dictionary

  • misjoinder — mis·joinder …   English syllables

  • misjoinder — mis•join•der [[t]mɪsˈdʒɔɪn dər[/t]] n. Law. law a joining in one suit or action of causes or of parties not permitted to be so joined • Etymology: 1850–55 …   From formal English to slang

  • misjoinder — /mɪsˈdʒɔɪndə/ (say mis joynduh) noun a joining in one law suit or action of causes or of parties not permitted to be so joined. {mis 1 + joinder} …  

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”