Proper parties and necessary or indispensable parties may be added while the action is pending. A proper party is anyone who may be a party in the lawsuit. The Joinder, or addition, of a proper party in a pending lawsuit is entirely permissible. The court may allow the joinder of an ...
摘要: The last (1927) California Legislature, by amending Section 378 of the Code of Civil Procedure, and by enacting three new sections,'has so broadened the scope of joinder of parties in our procedure as to make it necessary to re-examine the entire question of...
Related to joinder:joinder of issue,Non joinder join·der (join′dər) n. 1.LawA joining of causes of action or parties in a single lawsuit. 2.The act of joining. [From Frenchjoindre,to join, from Old French; seejoin.] American Heritage® Dictionary of the English Language, Fifth ...
as the constitution of an arbitral tribunal in the first arbitration would make the consent of all parties necessary to accept such arbitral tribunal also for the second arbitration.14 The joinder is even more difficult if the Terms of Reference have already been signed or authorised by the Court...
2. Misjoinder of parties, consists in joining as plaintiffs or defendants, persons, who have not a joint interest. When the misjoinder relates to the plaintiffs, the defendants may, at common law, plead the matter in abatement, whether the action be real; 12 H. IV., 15; personal; Joh...
3. Because traditional single action and joinder are not potent in resolving group dispute , so it is necessary to set up a special civil procedural mechanism for group dispute通过揭示传统诉讼方式即一对一的诉讼方式和共同诉讼方式在解决群体纠纷方面的局限性,提出了为群体纠纷设置特别的诉讼机制的必要性...
All acts and proceedings required by law and by the certificate of incorporation and bylaws (or other applicable constitutive documents) of the Additional Guarantor necessary to constitute this Guarantee Joinder a valid and binding agreement for the uses and purposes set forth herein in accordance with...
Under the concept of compulsory joinder, Federal Rule of Civil Procedure 19 mandates that some parties be joined. Parties that must be joined are those necessary and indispensable to the litigation. Note, though, that while "necessary" parties must be joined if that joinder is possible, the lit...
necessary or advisable to grant to the Collateral Agent, for its benefit and for the benefit of the other Secured Parties, a Lien on such property subject to no Liens other than Liens permitted hereunder, and (ii) take all commercially reasonable actions necessary to cause such Lien to be ...
Federal Rule of Civil Procedure 19 defines circumstances in which a court can (and must) override the plaintiff's party structure to ensure that so-called necessary and required parties are before the court, as complete justice requires. Sovereign immunity protects classes of sovereigns and their ...