Also known as: joinders · join · joining parties
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device that permits multiple parties or claims to be combined in a single action, including claims that involve the joinder of additional parties when those claims form part of the same case or controversy.
Jillian James held a first mortgage on a commercial building while Jones Petroleum held a junior lien. When Jillian commenced foreclosure, she joined Jones Petroleum as a defendant and served it with process. The court ruled that the foreclosure sale would extinguish Jones Petroleum's interest only because it had been properly joined and notified.
Jonathan Jaffe and Javier Jimenez were charged jointly for attempted robbery. Jonathan abandoned the effort and prevented its commission under circumstances showing complete and voluntary renunciation. The court permitted joinder of the attempt charges against both defendants even though the defense applied only to Jonathan.
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Joanna Jung sued Jefferson Trust in federal court under federal securities law. She also asserted a state-law breach-of-fiduciary-duty claim against Jung BioTech, a non-diverse party. The court exercised supplemental jurisdiction because the state claim formed part of the same case or controversy and involved joinder of an additional party.
Jada Jones held a senior mortgage and Jacqueline Juarez held a junior mortgage on the same apartment complex. Both sought appointment of a receiver. Jada and Jacqueline joined in a single proceeding that allocated rental income and defined the receiver's duties, and the court enforced their agreement.
Jensen Farms sued a supplier and later dismissed the action for failure to join an indispensable party. When Jensen Farms refiled against the same defendant, the court held that the prior dismissal did not operate as an adjudication on the merits for claim-preclusion purposes.
Jillian James transferred community real property. The surviving spouse later challenged the transfer because the deed had not been executed with the spouse's written joinder. The court excluded the property from the augmented estate because the transfer had not been made with the surviving spouse's written joinder.
A person subject to service of process must be joined if complete relief cannot be accorded among existing parties without that person or if the person claims an interest that may be impaired. Failure to join a required party can be raised by motion or at trial.
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Supplemental jurisdiction under 28 U.S.C. § 1367(a) extends to claims that involve the joinder of additional parties when those claims form part of the same case or controversy. The district court may decline jurisdiction in limited circumstances listed in subsection (c).
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Failure to join the mortgagor or junior lienholders may prevent the foreclosure sale from extinguishing their interests. State statutes determine who must receive notice and be joined.
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If joinder appears to prejudice a defendant or the government, the court may order separate trials or grant other relief. The decision rests in the court's discretion to protect fair-trial rights.
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Joinder of both spouses is required for acquisition, disposition, or encumbrance of community real property and for certain guaranty or suretyship transactions. Either spouse may manage other community property without joinder.
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…v. Bolton , 410 U.S. 179 (1973), and my dissent in Roe v. Wade , 410 U.S. 113 (1973). Concurring — Douglas, J. While I join the opinion of the Court, I add a few words. Concurring — Stewart, J. In 1963, this Court, in Ferguson v. Skrupa , 372 U.S. 726, purported to sound the death knell for the doctrine…