How can a party be added or removed from a lawsuit?
The process of adding a party to a lawsuit in South Carolina is known as “joinder”. Joinder is the process of adding additional parties to a legal action. This could mean that a party that was not part of the original lawsuit will be added, or the process can also be used to add a defendant or plaintiff to the proceedings. The process of joinder must be done through a court filing. The party filing to join the lawsuit must provide a description of their interest in the matter and the legal basis for why they should be involved in the lawsuit. The court then will determine if the addition of the new party is necessary, and if so, will grant the joinder. On the other hand, the process of removing a party from a lawsuit is known as withdrawing or dismissing a party. This can be done by either the person bringing the suit, or by the person being sued. The person bringing the suit can withdraw their claim against the defendant, and in that case, the court will dismiss the defendant from the lawsuit. Similarly, the defendant can also file to have their case dismissed from the lawsuit. The court will review any request to dismiss a party and make a decision based on the facts of the case. If it is determined that the party should be removed from the lawsuit, the court will dismiss the party from the proceedings.
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