Unwilling Co-Plaintiff

Question 1

APPLICABILITY of the Rule on Unwilling co-plaintiff under Sec. 10, Rule 3 of the Rules of Court

Answer 1

This rule applies in instances where there are several plaintiffs and the consent of one of them cannot be obtained, as when the latter refuses to give his/her consent to be impleaded in the complaint.

Question 2

REQUISITES – REMEDY AGAINST AN UNWILLING CO-PLAINTIFF

Answer 2

(A) Make such unwilling co-plaintiff a defendant; and

(B) The reason therefor shall be stated in the complaint.