Nonjoinder is a legal term that refers to the failure to include all necessary parties in a lawsuit. It is spelled with a silent "d" and the phonetic transcription is /ˌnɒnˈdʒɔɪndər/. The first syllable is pronounced as "non" with the "n" sound followed by "on" as in "gone." The second syllable is pronounced as "joy" with the "j" sound followed by "dər" as in "her." Nonjoinder can have an impact on the outcome of a case, as the involvement of all necessary parties is crucial for a fair and just resolution.
Nonjoinder is a legal term that refers to the failure to include or join all the necessary parties in a legal action or proceeding. It is the opposite of joinder, which is the legal process of bringing together all relevant parties in a lawsuit. Nonjoinder typically occurs when a party fails to include certain individuals or entities that are necessary for the complete resolution of a legal dispute, resulting in incomplete proceedings.
Nonjoinder can have significant consequences in a legal case, as it can lead to the absence of critical parties whose presence is necessary for the fair adjudication of the matter. Parties who should have been joined may include co-owners, co-debtors, co-inventors, or individuals who have a vested interest in the outcome of the case. By not including these parties, the court may not be able to provide a complete and final resolution, which can result in the need for subsequent legal actions.
To remedy the issue of nonjoinder, it is essential for the party or parties who were not included to be added to the lawsuit through an amendment or supplemental pleading. This ensures that all relevant parties are joined and that the court can effectively determine the rights and obligations of all involved. Failure to correct nonjoinder may result in the dismissal of the case or an inaccurate and incomplete judgment.
The word "nonjoinder" is derived from the combination of two English words: "non-" and "joinder".
The prefix "non-" is a negative prefix that signifies negation or absence. In this case, it indicates the absence or lack of something.
The term "joinder" is derived from the Middle English word "joinen", meaning "to join" or "to unite". It refers to the act of joining or being joined together.
Therefore, "nonjoinder" can be understood as the absence or lack of joining or uniting something. In legal contexts, it specifically refers to the failure to include a necessary party in a lawsuit or legal action.