misjoinder

During the course of legal proceedings between a claimant and a defendant a party may apply to the Court or the Court may order of its own motion, that a party be joined to the proceedings, on the basis that joined party's rights may be affected the litigation.  This is known as joinder.

Misjoinder takes place when it becomes apparent that the party was joined to the legal proceedings when in fact they should not have been joined to the legal proceedings.

Usage: The second defendant filed an application based on its misjoinder to the legal proceedings.

Related Words: Civil Procedure Rules; joinder; litigation; pleadings; statement of case.