Legal Definitions - nonjoinder

Definition: Nonjoinder refers to the failure to include a necessary party in a lawsuit. It can also refer to the failure to name a co-inventor in a patent application.

Example: If a person is involved in a car accident and sues the driver for damages, but fails to include the owner of the car in the lawsuit, this would be considered nonjoinder. The owner of the car is a necessary party because they may be liable for damages as well.

Explanation: In the example given, the owner of the car is a necessary party because they may be responsible for the accident. If they are not included in the lawsuit, the case may not be able to proceed or the plaintiff may not be able to recover all of the damages they are entitled to.