Pennsylvania Join an Additional Defendant

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Pennsylvania
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PA-SKU-0905
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Description

Join an Additional Defendant
Pennsylvania Join an Additional Defendant is a legal process used in civil cases when a defendant wants to join another party as a defendant in a case. This process is also known as imp leader. It allows the defendant to add a third party to the lawsuit who may be liable for all or part of the damages sought by the plaintiff. There are two types of Join an Additional Defendant: permissive and compulsory. Permissive joiner allows the defendant to voluntarily join a third party to the lawsuit, while compulsory joiner requires the court’s approval. Both processes are governed by Rules 1033 and 1034 of the Pennsylvania Rules of Civil Procedure.

Pennsylvania Join an Additional Defendant is a legal process used in civil cases when a defendant wants to join another party as a defendant in a case. This process is also known as imp leader. It allows the defendant to add a third party to the lawsuit who may be liable for all or part of the damages sought by the plaintiff. There are two types of Join an Additional Defendant: permissive and compulsory. Permissive joiner allows the defendant to voluntarily join a third party to the lawsuit, while compulsory joiner requires the court’s approval. Both processes are governed by Rules 1033 and 1034 of the Pennsylvania Rules of Civil Procedure.

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FAQ

(a) The procedure, including pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.

Code § 1920.34. At any stage of an action, the court may order the joinder of any additional person who could have joined or been joined in the action and may stay the proceedings in whole or in part until such person has been joined.

Code § 1706.1. (1) solely liable on the plaintiff's cause of action, or (2) liable over to the joining party on the plaintiff's cause of action, or (3) jointly or severally liable with the joining party on the plaintiff's cause of action.

The praecipe for a writ to join an additional defendant or the complaint joining the additional defendant shall be filed within twenty days after notice of the court order or the court approval of the written consent or within such other time as the court shall fix.

Rule 425 - Additional Defendants (a) Original process shall be served upon an additional defendant who is not already a party to the action in the same manner as if he or she were an original defendant. The joining party, upon request, shall furnish copies of all or specified pleadings filed in the action.

Code § 1915.6 - Joinder of Parties. (1) If the court learns from the pleadings or any other source that a parent whose parental rights have not been previously terminated or a person who has physical custody of the child is not a party to the action, it shall order that the person be joined as a party.

Rule 2227 - Compulsory joinder (a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants.

A Practice Note explaining how a defendant in a Pennsylvania court of common pleas civil case may assert a claim against a nonparty (an additional defendant) that is or may be liable for losses related to the plaintiff's claims.

More info

If a person has not been joined as required, the court must order that the person be made a party. Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendants if:.MOTION TO JOIN ADDITIONAL PARTIES DEFENDANT AS TO TRACT(S) NO(S). Read Rule 2252 - Right to Join Additional Defendants, 231 Pa. Code § 2252, see flags on bad law, and search Casetext's comprehensive legal database. In law, a joinder is the joining of two or more legal issues together. Joinder in criminal law refers to the inclusion of additional counts or additional defendants on an indictment. And applicable law, the court grants Plaintiffs' Motion for Leave to File Second Amended. Complaint and Join Additional Party. Raff did indeed take steps to join Valley as an additional defendant. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded.

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Pennsylvania Join an Additional Defendant