misjoinder


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Related to misjoinder: nonjoinder

misjoinder

n. The inclusion of parties (plaintiffs or defendants) or causes of action (legal claims) in a single lawsuit contrary to statute. Reasons for a court ruling that there is misjoinder include: a) the parties do not have the same rights to a judgment; b) they have conflicting interests; c) the situations in each claim (cause of action) are different or contradictory; or d) the defendants are not involved (even slightly) in the same transaction. In a criminal prosecution the most common cause for misjoinder is that the defendants were involved in different alleged crimes, or the charges are based on different transactions. (See: joinder)

misjoinder

noun bad match, incongruity, misalliance, misfit, mismatch
Associated concepts: misjoinder of causes, misjoinder of parties

misjoinder

the improper joining of parties as coplaintiffs or codefendants or of different causes of action in one suit.

MISJOINDER, pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does not permit to be joined, to enforce several distinct, substantive rights of recovery; as, where a declaration joins a count in trespass with another in case, for distinct wrongs or a count in tort, with another in contract. Gould. 6n PI. c. 4, Sec. 98; Archb. Civ. PI. 61, 78 176; Serg. and Rawle, 358; Dane's Ab. Index, h.t.
     2. Misjoinder of parties, consists in joining as plaintiffs or defendants, persons, who have not a joint interest. When the misjoinder relates to the plaintiffs, the defendants may, at common law, plead the matter in abatement, whether the action be real; 12 H. IV., 15; personal; Johns. Ch. R. 350, 438; 12 John. R. 1; 2 Mass. R. 293; or mixed; or it will be good cause of nonsuit at the trial. 3 Bos. & Pull. 235. Where the objection appears upon the face of the declaration, the defendant may demur generally; 2 Saund. 145; or move in arrest of judgment; or bring a writ of error.
     3. When in actions ex contractu against several, there is a misjoinder of the defendants, as if there be too many persons made defendants, and the objection appears on the pleadings, either of the defendants may demur, move in arrest of judgment, or support a writ of error; and, if the objection do not appear on the pleadings, the plaintiff may be nonsuited upon the trial, if he fail in proving a joint contract. 5 Johns. R. 280; 2 Johns. R. 213; 11 Johns. R. 101; 5 Mass. R. 270.
     4. In actions ex delicto, the misjoinder cannot in general be objected to, because in actions for torts, one defendant may be found guilty and the others acquitted. Archb. Civ. Pl. 79. As to the cases in which a misjoinder may be aided by a nolle prosequi, see 2 Archb. Pr. 218-220.

References in periodicals archive ?
(6) Whether the petition is bad for misjoinder of the parties?
237 (1895), when the Court's decision led to the "unfortunate misjoinder of evidence principles with the constitutional right to confrontation." White, supra note 144, at 557.
Interim stay orders, misjoinder and non joinder of necessary parties, appointment of local commissioners and non payment of court fee should be decided within three months.
State Farm sought to remove the case to federal court based on misjoinder of a nondiverse party.
Conversely, procedural or fraudulent misjoinder typically occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant against which the plaintiff has a reasonable basis for a claim, but that claim has little or nothing to do with the plaintiff's claim against the diverse defendant.
Federal Rule of Civil Procedure 21, on "Misjoinder and
Pleading any defenses beyond denial of the claim may open the door to separate claims without the ability to complain of misjoinder.
Misjoinder is a question of law, and is not a matter of discretion.
That conclusion could not be reached without first resolving at least four questions: (1) whether a voluntary dismissal under Rule 41 is the same as a nonsuit under Code 8.01-380 in terms of tolling; (2) whether the Defendants joined the Store Owner to the underlying personal injury action under its proper name; (3) whether any name error was a misjoinder or simply a misnomer; and (4) whether failure to correct the misnomer, if any, prevented tolling.<br />This court has never considered the first question.