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. The two forms of misjoinder are:
- 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,
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.