What is a joinder of parties in an insurance litigation case?
In an insurance litigation case in Texas, a joinder of parties is a process that joins two or more parties to a case that were previously not involved. This process is used when an insurance company is not able to settle a case with the plaintiff alone and decides to bring more parties in to the lawsuit. Joinder of parties occurs when a plaintiff claims that a defendant is liable under the law, but the defendant does not agree or denies being at fault. The process of joinder of parties involves the court hearing arguments from the plaintiff and the defendant to decide whether there is a basis for adding other parties to the lawsuit. Generally, the court will consider whether there is credible evidence that other parties should be included in the case in order for the plaintiff to make their case. This evidence may include witness statements, depositions, documents or other evidence that the court believes is relevant to the case. Once the court determines that other parties need to be included in the case, they will formally enter them into the record and issue formal notice to the parties about the joinder. This notice will include the reasons the court believes other parties are necessary, as well as when the parties are expected to present their arguments to the court. Once the parties are officially included, they are all required to participate and the plaintiff will be allowed to pursue their claim against the added parties. Joinder of parties is an important part of the insurance litigation process in Texas, and can significantly change the scope of the litigation.
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