Joinder Flashcards
Effect of nonjoinder or misjoinder, generally
No action or suit is defeated by nonjoinder or misjoinder; but where it exists, new parties may be added and misjoined parties may be dropped at any time by court as justice requires
Who is a necessary party?
Where individual has interest in subject matter, either in possession or expectancy, which is likely either to b defeated or diminished by P’s claim, individual has an immediate interest in resisting the demand, and all persons who have such immediate interest are necessary parties.
How is joinder of additional parties accomplished?
If feasible, a person subject to service of process may be joined as a party if:
1. in person’s absence, complete relief cannot be accorded among those already parties; OR
- person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may
a. as a practical matter, impair or impede person’s ability to protect that interest; or
b. leave any of the persons already parties subject to a substantial risk of incurring double/multiple liability/obligations by reason of the claimed interest of the person to be joined
How to effect joinder?
Motion to join additional party must be filed within 21 days after service of complaint and served on party sought to be joined.
What if a person to be joined if feasible cannot be made a party?
The court must determine whether in equity and good conscience the action should proceed among the parties before it or should be dismissed, the absent person therefore being regarded as indispensable.
MCL
On motion of any party, court can consolidate/join/transfer actions upon finding that separate actions brought by six or more Ps involve common questions of law/fact arising out of same transaction or occurrence, commonalities predominate and are significant to the action at hand, and the order will promote the ends of justice, is consistent with each party’s DP rights, and does not prejudice each party’s right to a fair and impartial
Joint Tortfeasors
Release, Suit for Contribution, Subrogation (see p. 360 of Bar Points)
