What are the rules for joinder of parties in a civil suit?
Joinder of parties is the process of bringing more people into a civil suit. In Michigan, this process is governed by Rule 2.202 of the Michigan Court Rules. For joinder of additional parties to be allowed, all potential parties must have some role in the controversy surrounding the civil suit. This role must be significant, as other parties being brought on must be necessary to decide the case adequately. The court can also consider whether the parties trying to join the suit have any kind of relationship to the existing parties. If the proposed parties are unrelated to the already existing parties, joinder is not necessary or appropriate. Before joinder can occur, all parties involved must be properly served with notice. This notice must be served at least 21 days prior to the hearing date for joinder. During this period, all involved parties can file objections to the process. Moreover, joinder must not alter the cause of action or increase the liability for any existing party to the suit. If it does, the process cannot be allowed. Michigan courts will not allow joinder if it would create significant unfairness or prejudice to any involved party. Finally, if the court allows joinder, the process of discovery must be restarted for the involved parties. Accordingly, all involved parties must be given adequate time to proceed with the discovery process.
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