How can a party be added or removed from a lawsuit?
In Idaho, a party can be added or removed from a lawsuit through a process called amendment or joinder. Amendments involve changing the existing complaint or answer, while joinder is the process of adding additional parties to the lawsuit. When a plaintiff wishes to add a party to a lawsuit, they must file a motion asking the court for the permission to do so. When doing so, the plaintiff must list the reasons for adding the additional party as well as how they will benefit the case. The court will then consider the motion and decide whether to allow the amendment or not. If the defendant wishes to remove a party from the lawsuit, they must also file a motion to do so. In this case, the defendant must provide evidence that the party in question is not a necessary party to the case or has no stake in the outcome. The court will then evaluate the motion and either allow the amendment or deny it. In either situation, once the motion is granted, the party in question must be served notice of the lawsuit so they are aware of their involvement in the case. If the amendment or joinder is denied, the lawyer must re-file a new motion or find an alternative way to add or remove the party from the lawsuit.
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