Purpose of the Document: A Motion for Joinder of Parties is filed to request the court to add one or more parties to an existing action. Joinder may be sought when a party is necessary for complete relief, when multiple parties have common claims or defenses, or to avoid multiple lawsuits and inconsistent judgments. The motion explains factual grounds, legal authority, and the specific relief requested (for example, adding a defendant or plaintiff and modifying the caption).
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Common Grounds / Key Legal Terms
Motion for Joinder of Parties typically invokes rules such as joinder of necessary parties, permissive joinder, compulsory joinder, and rules concerning venue and consolidated actions. Key terms: “necessary party,” “indispensable party,” “permissive joinder,” “complete relief,” “misjoinder,” and “procedural consolidation.”
- Necessary/indispensable party — needed for full relief
- Permissive joinder — parties with common claims or defendants
- Rule-based citations (e.g., Federal Rules of Civil Procedure Rule 19/Rule 20 in federal practice)
- Proposed order and declaration/affidavit
Step-by-Step: How to Apply Motion for Joinder of Parties
- Identify the party(ies) to be joined and determine whether joinder is necessary or permissive.
- Draft the Motion for Joinder of Parties, including caption, statement of jurisdiction, factual background, legal grounds, and relief requested.
- Attach a proposed order and a supporting declaration or affidavit attesting to facts.
- Serve the motion on all existing parties and the party to be joined; check local rules for service and timing.
- File the motion with the court and request a hearing date if required; be ready to provide authority and citations.
Documents Required for Motion for Joinder of Parties
- Motion for Joinder of Parties (captioned and signed)
- Proposed Order for the Court
- Declaration / Affidavit supporting factual grounds
- Relevant pleadings, complaints, or cross-claims
- Proof of Service demonstrating all parties received notice
Tips for Success
- Clearly explain why the party is necessary (avoid conclusory statements).
- Attach evidence via a declaration — courts rely on facts, not mere assertions.
- Propose precise order language to streamline court action.
- Confirm local rules and timelines — some courts require meet-and-confer before filing.
- Avoid misjoinder: evaluate whether joinder will complicate matters or delay resolution.
Frequently Asked Questions
A Motion for Joinder of Parties asks the court to add a party to an existing lawsuit when that party is necessary for complete relief or shares common issues with the existing parties. It is used whenever including that party serves judicial economy, prevents inconsistent rulings, or is required by law.
File the motion, a proposed order, and a supporting declaration/affidavit attaching any pleadings or evidence. Also file proof of service showing all parties (including parties to be joined) were served. See “Documents Required for Motion for Joinder of Parties” above for details.
Potentially. Joinder may require additional discovery or motions. Courts weigh the benefits of joinder against potential delay. Explain why joinder promotes judicial efficiency in your motion.