Define: Compulsory Joinder

Compulsory joinder is a legal doctrine that requires all necessary parties to be joined in a lawsuit in order to fully and effectively resolve the dispute.

Compulsory joinder ensures that all parties with a direct interest in the subject matter of the lawsuit are included, preventing multiple lawsuits on the same issue and promoting judicial efficiency.

If a necessary party is not joined, the court may dismiss the lawsuit or order the joinder of the missing party. Failure to comply with compulsory joinder requirements can result in the case being dismissed without prejudice.

The court determines whether a party is necessary based on factors such as the party’s interest in the subject matter, the potential for prejudice or harm if the party is not joined, and the ability to grant complete relief in the party’s absence.

Generally, a necessary party can be joined at any stage of the lawsuit, although it is preferable to join all necessary parties at the outset to avoid delays and complications.

If a necessary party cannot be joined due to jurisdictional issues, the court may proceed with the lawsuit without that party or dismiss the case if the missing party’s presence is deemed indispensable.

Yes, a party can be considered necessary if their absence would prevent the court from granting complete relief to the existing parties or if their interest in the subject matter would be significantly affected by the lawsuit.

Necessary parties are those whose presence is required for a complete resolution of the dispute, while indispensable parties are those whose absence would render the court unable to proceed with the case.

Yes, parties can be realigned during the course of the lawsuit if their interests align more closely with the opposing party. This realignment may involve changing a party from plaintiff to defendant or vice versa.

Failure to comply with compulsory joinder requirements can result in the dismissal of the lawsuit, the exclusion of evidence or arguments related to the missing party, or the inability to obtain a final and binding judgment.