Misjoinder

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.

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

^ Hill, Gerald N.; Hill, Kathleen (2002). The people's law dictionary : taking the mystery out of legal language. New York, NY: MJF Books. ISBN 9781567315530.
^ Bouvier, John; Rawle, Francis (1897). Bouvier's Law Dictionary. Boston: Boston Book Company.
^ "FRCP Rule 21. Misjoinder and Nonjoinder of Parties". Wex. Cornell Law School. Retrieved 22 November 2021.

[1] Hill, Gerald N.; Hill, Kathleen (2002). The people's law dictionary : taking the mystery out of legal language. New York, NY: MJF Books. ISBN 9781567315530.

[2] Bouvier, John; Rawle, Francis (1897). Bouvier's Law Dictionary. Boston: Boston Book Company.

[3] "FRCP Rule 21. Misjoinder and Nonjoinder of Parties". Wex. Cornell Law School. Retrieved 22 November 2021.

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