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Legal Definitions - pretensive joinder

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Definition of pretensive joinder

Pretensive joinder is a legal term that refers to the joining of defendants in a lawsuit solely to obtain venue in a jurisdiction where the case could not otherwise be tried.

For example, if a plaintiff wants to file a lawsuit in a specific state but the defendants are not located in that state, they may add additional defendants who are located in that state solely for the purpose of establishing venue. This is known as pretensive joinder.

Pretensive joinder is considered unethical and can result in sanctions or dismissal of the case.

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Simple Definition

Joinder is when parties or claims are combined into one lawsuit. There are different types of joinder, such as compulsory joinder which requires a party to be included in the lawsuit, and permissive joinder which allows parties to join if their claims are related. However, pretensive joinder is when defendants are added to a lawsuit only to change the location of the trial, which is not allowed.

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