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Misjoinder

From Wikipedia, the free encyclopedia

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In legal procedure (both civil and criminal), misjoinder (also known as wrongful joinder) involves the improper inclusion of one or more parties or causes of action within a lawsuit.[1] The two forms of misjoinder are:[2]

  • Misjoinder of causes of action, or counts: joining several demands to enforce substantive rights of recovery that are distinct and contradictory.
  • Misjoinder of parties: joining as plaintiffs or defendants persons who have conflicting interests, or who were not involved in the same transaction or event.
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United States

According to FRCP, Rule 21,[3]

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

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