How To Add Parties Mid-Lawsuit: Joinder vs. Impleader

If you’re in the middle of a legal dispute and realize that other parties need to be added to the case, there’s good news. The Federal Rules of Civil Procedure (FRCP) have two tools for adding people or companies after a case has already started: Joinder of parties and impleader. State courts also have similar rules. Both legal mechanisms follow common-sense logic, but each comes with limits on who can be added and when.

If you’re weighing whether another party belongs in your case, contact an experienced civil litigation attorney in your area who can explain the legal options available to you.

Joinder: Adding Parties to an Existing Lawsuit Because They’re Connected to the Dispute

Joinder is the process of bringing in additional plaintiffs or defendants into an existing lawsuit because they are connected to the same dispute. It’s a way courts can manage related disputes together, save time, and avoid conflicting outcomes from separate lawsuits.

Joinder is one of the tools courts use to keep related matters together. Other related legal mechanisms include counterclaims and crossclaims, as well as the broader joinder of claims and parties.

Regarding the addition of parties, the Federal Rules of Civil Procedure recognize two types of joinder.

1. Required or Compulsory Joinder

Some parties are so central to a dispute that the case cannot be resolved without them. Under FRCP Rule 19, the rule for compulsory joinder, a person who can be reached by the court through its service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party.

An indispensable party must be joined, thereby protecting everyone’s interests and ensuring a complete, fair result.

2. Permissive Joinder of Parties

FRCP Rule 20 applies to situations in which adding a party is permitted but not mandatory. Multiple plaintiffs may join in one action if they assert any right to relief jointly, severally, or in the alternative arising out of the same transaction, occurrence, or a series of transactions or occurrences, and when the case raises a legal or factual question to all of them.

Defendants may be joined in one action as defendants if any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and when the case raises a legal or factual question to all of them.

The permissive joinder of parties allows parties with genuinely related claims to resolve them together rather than through separate, repetitive lawsuits. The court has discretion to allow joinder and may issue orders, including orders for separate trials.

Impleader: Bringing in a Third-Party Who’s Liable for the Claim

Impleader, also called a “third-party claim,” allows a defendant to bring in a co-party who may be responsible for paying part of or all of the original claim. It’s governed by FRCP Rule 14. This rule allows a defending party to file a third-party complaint against a party that is not yet in the lawsuit.

The defendant initiates impleader to shift or share liability within a single cause of action rather than filing a separate lawsuit later. Impleader is premised on the idea of derivative liability. The third-party defendant’s responsibility depends on the original defendant first being found liable.

Contribution means the third party will share a portion of the damages, and indemnity means that the third party should reimburse the original defendant in full. Impleader helps resolve the dispute together, saving time and keeping related issues in a single lawsuit.

Joinder vs. Impleader: Similarities and Differences

The procedural methods of joinder and impleader have some similarities as well as key differences. Both procedures allow parties in an already-underway lawsuit to seek efficiency and consistency, and they keep related issues in one courtroom.

Joinder can involve plaintiffs or defendants, while impleader involves a defendant. Joinder groups related claims and parties; impleader shifts or shares liability. Joined parties are part of the core dispute. On the other hand, impleaded parties are brought into the lawsuit because they may be liable to the defendant.

Requirements for Adding Someone to an Existing Lawsuit

In most cases, you can add parties after a lawsuit begins. However, certain conditions must be present:

• The new party must have a connection to the dispute at issue
• The case must not be too far along (courts prefer additions early in the process)
• The court must have both subject-matter jurisdiction and personal jurisdiction, and venue must be proper, for the claims and parties being added; for example, subject-matter jurisdiction might be based on a federal question, diversity, or supplemental jurisdiction
• Adding the new party should not create an unfair delay or prejudice

Process for Adding a Party to an Existing Lawsuit

If a party is eligible to be added, then depending on the rules and timing, the party seeking to add someone may:

• Amend the pleading, sometimes without court permission early in the case
• File a motion for leave to amend
• Move to add or drop a party

The filing should explain why the new party belongs in the case. The court reviews the request to add the new party. Sometimes, the court will hold a hearing for any objections to the motion. If approved, the new party is formally served with a summons and complaint in the lawsuit and is given a chance to respond. In an impleader, the defendant files a third-party complaint.

The particular procedures vary by court and jurisdiction. Adding a third-party plaintiff or other pretrial third-party practices is not uncommon.

Common Examples of Adding Parties

Here are several real-world examples where adding parties may occur.

• Car accident (joinder). A driver involved in a car accident sues one motorist. Through investigation, the motorist learns that a second driver contributed to the crash. The motorist can use joinder to bring the second driver into the case.
• Contractor dispute (impleader). A homeowner sues a general contractor for faulty work. The contractor impleads the subcontractor who actually performed the faulty work.
• Product liability (joinder or impleader). An injured consumer sues a retailer over a defective product. The retailer then learns of additional companies that may be liable for damages and files a joinder. The retailer impleads the manufacturer that produced the product.
• Insurance scenario (impleader). A defendant brings their insurer into a lawsuit because the insurer would be responsible for any damages under the terms of the defendant’s policy.

Can the Added Parties Object?

When a party attempts to add a new party in civil litigation, the party has the right to contest their involvement. Common reasons to object include:

• There is no common question of law or fact.
• The court lacks jurisdiction over them, or venue is improper.
• The request was untimely or would cause unfair delay.
• The claim against them is legally insufficient and would not survive a motion to dismiss or fails to state a valid basis for contribution or indemnity.

When a party added to the case objects to being included, the court must decide whether the objection succeeds, weighing fairness and efficiency.

Talk to a Civil Litigation Attorney Today

Filing a lawsuit in federal court (instead of state court) can affect things like case timelines, procedural rules, and litigation costs, and in some cases it can also affect which law applies to issues like statutes of limitations and damages. Speaking with a skilled attorney can help you navigate the considerations involved in determining whether you can add a party to an existing lawsuit.

They can guide you toward the strongest path forward. Visit the Super Lawyers directory to begin your search for an experienced civil litigation attorney.