Definition of joinder
Etymology
From Latin iungō (“join”), through Old French joindre: to join
Noun
joinder (plural joinders)
- (law) The joining a litigant to a suit.
Usage notes
A litigant is joined by a "notice of joinder". The substantive application is an "application for joinder".
Further reading
Joinder is a legal term, which refers to the process of joining two or more legal issues together to be heard in one hearing or trial. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes.
Criminal law
Joinder in criminal law refers to the inclusion of additional counts or additional 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 single count applies to all of them, provided that the counts are sufficiently linked. The judge retains the option to order separate trials.
Civil law
Joinder in civil law falls under two categories: joinder of claims, and joinder of parties.
- Joinder of claims
Joinder of claims refers to bringing several legal claims against the same party together. In U.S. federal law, joinder of claims is governed by the Federal Rules of Civil Procedure 18(a). That Rule allows claimants to consolidate all claims that they have against an individual who is already a party to the case. Claimants may bring new claims even if these new claims are not related to the claims already stated, for example, a plaintiff suing someone for breach of contract may also sue the same person for assault. The claims may be unrelated, but they may be joined if the plaintiff desires.
- Joinder of Parties
Joinder of parties also falls into two categories: permissive joinder and compulsory joinder.
References:
- Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.
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