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Misjoinder
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Term: misjoinder

1.

During the course of legal proceedings between a claimant and a defendant, in order to do justice between the parties, the parties may apply 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.

A 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 a misjoinder to the legal proceedings.

Related Words: Civil Procedure Rules; joinder; litigation.


 

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