§ Rule 2232 Defective Joinder Change of Parties

Codes > Pennsylvania Rules of Civil Procedure > Joinder of > Rule 2232

Rule 2232. Defective Joinder. Change of Parties
 

    (a) The cause of action of a person required to join in an action as a party plaintiff by Rule 2228 shall be barred by failing to join therein if the defendant has given such person such notice of the pendency of the action as the court by local rule or special order shall direct.

    (b) Joinder of unnecessary parties is not ground for dismissal of an action. After notice to all other parties, a party may be dropped by order of the court whenever the party has been misjoined or no claim for relief is asserted against the party in the action by any other party.

    (c) At any stage of an action, the court may order the joinder of any additional person who could have joined or who could have been joined in the action and may stay all proceedings until such person has been joined. The court in its discretion may proceed in the action although such person has not been made a party if jurisdiction over the person cannot be obtained and the person is not an indispensable party to the action.

    (d) When a plaintiff joins two or more defendants and the evidence does not justify a recovery against all of them, the court shall enter a nonsuit or direct a verdict in favor of any defendant not shown to be liable either jointly, severally or separately, and the action shall continue and determine which of the remaining defendants are jointly, severally or separately liable with the same effect as though the defendants found to be liable were the only ones joined. As in other cases the court may enter judgment notwithstanding the verdict in favor of or against any of such defendants.

    (e) In any action to enforce a joint liability, the entry of a judgment against one or more of the defendants shall not bar recovery in the same action against the other defendants or bar recovery in a separate action against the defendants named in the first action but not served.

    (f) In any action to enforce a joint and several liability, the entry of a judgment against one or more of the defendants shall not bar recovery against the other defendants in the same or separate actions or bar recovery in a separate action against any other person jointly and severally liable with the defendants.

    (g) In a separate action instituted under the authority of subdivision (e) or (f) of this rule, the person against whom a judgment has been previously entered shall not again be joined as a party.