Principle

CIVIL PROCEDURE — Joinder of Parties — Party Who Participates in Trial Cannot Later Claim Improper Joinder on Unpleaded Facts

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A party who fully participated in trial without objecting to joinder cannot later claim improper joinder to avoid liability. Such belated objection is a ploy deserving no judicial assistance. The principle applies to civil procedure. The rule prevents tactical gamesmanship and ambush. A party must…

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