by admin | May 14, 2021 | Civil Procedure, North Carolina
(a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the plaintiff to double or multiple liability. It is not ground for objection to the joinder that the claims of the several...
by admin | May 14, 2021 | Civil Procedure, North Carolina
Neither misjoinder of parties nor misjoinder of parties and claims is ground for dismissal of an action; but on such terms as are just parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action. Any...
by admin | May 14, 2021 | Civil Procedure, North Carolina
(a) Permissive joinder. – All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and...
by admin | May 14, 2021 | Civil Procedure, North Carolina
(a) Necessary joinder. – Subject to the provisions of Rule 23, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of anyone who should have been joined as plaintiff cannot be obtained he may be made a defendant, the...
by admin | May 14, 2021 | Civil Procedure, North Carolina
(a) Joinder of claims. – A party asserting a claim for relief as an original claim, counterclaim, cross claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing...
by admin | May 14, 2021 | Civil Procedure, North Carolina
(a) Real party in interest. – Every claim shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of...
Recent Comments