Proper Party Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Proper Party, written in plain English, along with examples of how it is used.
What is Proper Party?
A person or a firm who has an interest in the litigation (lawsuit) and therefore can be brought in or join the trial with their own wishes, is known as Proper party of the lawsuit. It differs from the term “necessary party” in which the party who has an interest in the litigation must be ordered by the court to join the lawsuit so that a proper and fair judgement be reached.
History and Meaning of Proper Party
A proper party in a lawsuit is an individual or entity that has a vested interest in the outcome of the litigation and, therefore, has the right to participate in the issue. They are different from necessary parties who do not have a choice and are required by the court to join the lawsuit. A correct party must have standing, which means that there must be a genuine legal issue that can be remedied by the court.
Examples of Proper Party
In a child custody battle between a mother and a father, the grandparents of the child may join the suit as proper parties if they can prove that the outcome of the litigation affects them directly.
In a lawsuit between a landlord and a tenant for breach of contract involving rent, a neighbor who is not directly involved but is affected by noise or damage to the property can join the case as a proper party.
In a copyright infringement case, a licensee who is affected by the alleged infringement can join the case as a proper party.
Legal Terms Similar to Proper Party
Necessary party: In contrast to a proper party, a necessary party is an individual or entity who is essential to the litigation and must be included in the disputes. The absence of the necessary party renders the judgement of the court unenforceable.
Third-party defendant: A third-party defendant is someone who is brought into the lawsuit by one of the parties but is not the plaintiff or defendant.
Interested party: An interested party is an individual or entity who has a stake in the outcome of the lawsuit, but they may not necessarily have standing to sue.