Joinder Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Joinder, written in plain English, along with examples of how it is used.
What is Joinder?
It refers to joining of various parties to the lawsuit, who have same claim or defence to make. They are known as co plaintiff or co defendants. Joinders can also refer to combination of various claims or right to relief in one lawsuit.Joinders can be permissive, where the parties have same common interest in the claim or relief. joinders can be compulsory where the court orders for the third partoes to join the lawsuit without which a decision cannot be reached.
History and Meaning of Joinder
Joinder is a term used in legal settlements that refers to the joining together of various parties to form a lawsuit. This is done when the different parties have a common interest in having their claims or defense heard. Joinders can take on various forms depending on the type of legal action in question.
Examples of Joinder
- If a group of employees have a dispute against their employer regarding wage issues, they can file a lawsuit together in a form of a joinder.
- In a divorce proceeding, if the couple has a shared property, they may both join in a joinder in order to divide the property equally or as agreed.
- The joinder of several defendants in a lawsuit is often common in medical malpractice cases where there are multiple healthcare professionals involved in the incident.
Legal Terms Similar to Joinder
- Intervention: This is a legal process where a third party joins an ongoing lawsuit. However, unlike joinder, interveners usually have no connection to the case until they join.
- Consolidation: This refers to the joining of two or more lawsuits to save time and resources, and to simplify the legal process.
- Counterclaim: This is a claim made by the defendant against the plaintiff that arises out of the same facts as the plaintiff's claim. This is sometimes sued as a joinder in the initial lawsuit.