Motion for Joinder (of Necessary Parties) in New Hampshire

Understanding the Purpose and Significance of a Motion for Joinder (of Necessary Parties)

“It is a general rule in equity, that all who are interested in the subject-matter of the cause should be made parties to prevent multiplicity of suits.” (See Page v. Whidden (1880) 59 N.H. 507, 509.)

“The term parties includes all persons who are directly interested in the subject-matter in issue, who have a right to make defence, control the proceedings, or appeal from the judgment.” (See Morin v. Insurance Co. (1932) 85 N.H. 471, 472.)

“The necessary parties to any proceeding, . . . are those . . . who have an interest in the subject-matter of the suit and whose rights may be concluded by the judgment." (See Porter v. Coco (2006) 154 N.H. 353, 357; Jones v. Herbert (1914) 77 N.H. 282, 284.)

“A necessary party who has not been named a party to the action is not bound by the judgment.” (See id; Lake Garda Improvement Association v. Battistoni (1967) 231 A.2d 276, 280.)

Procedural Steps Involved in Filing a Motion for Joinder (of Necessary Parties)

Joinder of new parties to an action is governed under Rule 139 of the New Hampshire Circuit Court Rules –Probate Division.

“Any Person shown to have an interest may become a Party to any proceeding on Motion briefly setting forth that Person's relation to the Cause; or upon Motion of any Party, such Person may be made a Party by order of Court notifying that Person to appear therein.” (See N.H. R. Cir. Ct. Prob. Div. 139.)

Additionally, Rule 15 of the New Hampshire Superior Court governs intervention.

“Any person shown to be interested may become a party to any civil action upon filing and service of an Appearance and pleading briefly setting forth his or her relation to the cause; or, upon motion of any party, such person may be made a party by order of court notifying him or her to appear therein.” (See N.H. R. Super. Ct. 15.)

“If a party, so notified, neglects to file an Answer or other responsive pleading on or before the date established by the court, that party shall be defaulted.” (See id.)

“No such default shall be set aside, except by agreement or by order of the court upon such terms as justice may require.” (See id.)

Discretion of the Court in Deciding a Motion for Joinder (of Necessary Parties)

“We have held frequently that questions concerning joinder and severance rest within the sound discretion of the trial court and that we will not set aside such determinations absent an abuse of discretion.” (See State v. Whitney (1984) 125 N.H. 636, 639, 484 A.2d 1158, 1160; State v. Dellner (1987) 130 N.H. 89, 90.)

“This means that we review the record only to determine whether it contains an objective basis to sustain the trial court's discretionary judgment.” (See In re Mannion (2007) 155 N.H. 52, 55.)

Legal Precedents and Case Law on a Motion for Joinder (of Necessary Parties)

It is well settled that "[a]ny person or corporation whose rights may be directly affected . . . may appear and become a party, or the court may order such person and corporations to be joined as parties as justice may require. The word `person' may . . . be applied to bodies corporate and politic as well as to individuals." (See Cayten v. N.H. Dep't (2007) 927 A.2d 494, 499; Melton v. Personnel Comm'n (1979) 119 N.H. 272, 276; City of Keene v. Zoning Board (1974) 114 N.H. 744, 746, 329 A.2d 141, 142.)

It is also well settled that “a person who is not a party to an action but who is represented by a party is bound by and entitled to the benefits of a judgment as though he were a party.” (See Tsiatsios v. Tsiatsios (1999) 144 N.H. 438, 441-42.)