Mandatory Joinder Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Mandatory Joinder, written in plain English, along with examples of how it is used.

What is Mandatory Joinder?

(n) Mandatory jointer is the order issued by the court to include a person or entity as a party of the law suit when it appears to the court that such an inclusion may better resolve the issues involved in that Law suit

History and Meaning of Mandatory Joinder

Mandatory joinder is a legal term that refers to the court's order to include a person or entity as a party to a lawsuit when it is necessary to resolve all the legal issues involved in that lawsuit. The joinder is mandatory because the court needs the person or entity to participate in the lawsuit in order to resolve the claim completely.

The rule of mandatory joinder ensures that all parties involved in a dispute are present in the lawsuit so that the court can avoid duplicative lawsuits, conflicting judgments, and promote judicial economy. It is derived from the goal of the Federal Rules of Civil Procedure which advocates for the "just, speedy, and inexpensive determination of every action."

Examples of Mandatory Joinder

  1. In a personal injury lawsuit, a mandatory joinder can be issued to the insurance company of the defendant if the policy limits are insufficient to cover the damages claimed.

  2. If a person who owns a shared property wants to sue another owner for property damage, they may need to join all the other owners in the lawsuit, to ensure that the court can resolve all the relevant issues and achieve a final decision.

  3. In a class action lawsuit, mandatory joinder ensures that all members of the class are joined to the lawsuit to ensure that the court can resolve all the legal issues in a single judgment.

Legal Terms Similar to Mandatory Joinder

  1. Permissive joinder - This refers to the court's discretion to join a party to a lawsuit but it is not mandatory like the mandatory joinder.

  2. Intervention of right - Intervention of right is a legal device that allows a third party to join as a party to an ongoing lawsuit with the court's permission.

  3. Impleader - Impleader enables a defendant to bring in another party to the lawsuit who may be liable for some or all of the allegations against them.