Joinder, Rebellion, and Counterclaim in Legal Proceedings
Joinder
Definition
When multiple parties are involved in a lawsuit, either as plaintiffs or defendants, it’s referred to as joinder. This can occur initially or later in the proceedings (supervening joinder). Joinder can be active (initiated by the plaintiff) or passive (required by the court).
Types of Joinder
- Voluntary Joinder: Occurs at the plaintiff’s discretion.
- Required Joinder: Mandated by the court when multiple individuals file a lawsuit jointly or are sued together.
- Proper Joinder: Expressly established by legal standards.
- Improper Joinder: Determined by case law in the absence of specific legal rules.
Effects of Lack of Necessary Joinder
If a lawsuit should involve multiple individuals but doesn’t include all necessary parties, it’s considered a lack of necessary passive joinder. This can be raised as a motion by a party. In an ordinary trial, the court should address this issue in the preliminary hearing. In verbal proceedings, the lack of necessary joinder will be addressed during the trial, following the provisions of Article 420 of the LEC (Law of Civil Procedure).
Rebellion
Definition
Rebellion refers to the legal situation that arises when a defendant fails to appear in court.
Characteristics of Rebellion
- It occurs when the defendant fails to appear.
- It must be initial and total, meaning the defendant doesn’t appear at the beginning of the proceedings and throughout the process.
- It’s declared explicitly by the court through a resolution.
- Appearing in court is not a duty but a burden for the defendant, leading to negative consequences if they fail to appear.
Effects of Rebellion
- The declaration of rebellion is not considered an admission of the facts alleged in the lawsuit, unless explicitly stated by law.
- Rebellion leads to estoppel, preventing the defendant from performing certain actions after the deadline has passed.
- Rebellion results in a specific legal regime for notifications. The resolution declaring rebellion is notified to the defendant’s home, and if unsuccessful, through edicts.
Further notifications are not carried out except for the resolution that concludes the proceedings. The final judgment is notified personally, or if the defendant’s whereabouts are unknown, through publication in the Official Gazette. If the defendant’s location is unknown and they were summoned by edict, the court will communicate the proceedings to them as soon as their whereabouts are known. Regarding appeals, the defendant can use ordinary appeals against the final judgment, with deadlines calculated differently depending on whether the notification was personal or through edicts.
Answer to the Lawsuit
Definition
The defendant’s response to the lawsuit, where they address the plaintiff’s claims. The defendant can deny or admit the allegations, raise procedural or material exceptions, or file a counterclaim.
Requirements
The structure and requirements of the answer to the lawsuit are outlined in Article 399 of the LEC.
Exceptions: Procedural and Substantive
Definition
An exception is a defense mechanism used by the defendant to avoid being held liable.
Types of Exceptions
- Procedural Exceptions: Address procedural issues or defects, such as lack of jurisdiction, capacity, or representation.
- Material Exceptions: Based on substantive law, aiming for acquittal on the merits of the case, such as incorporation, retention, extinction, or exclusion.
Counterclaim
Definition
When the defendant not only seeks to be absolved from the plaintiff’s claims but also files a claim against the plaintiff.
Requirements
- Timing: In an ordinary trial, it’s filed with the answer to the lawsuit. In verbal proceedings, it’s filed 5 days before the trial.
- Form: Must follow the same structure and form as the initial lawsuit.
- Connection: There must be a connection between the plaintiff’s claim and the defendant’s counterclaim.
- Subject: The counterclaim can be directed against the plaintiff, co-plaintiffs, or third parties.
- Jurisdiction: The court must have jurisdiction over both the initial claim and the counterclaim.
Effects
The counterclaim is processed together with the initial lawsuit and decided in the same judgment.
Estoppel Rule
If the defendant has a potential counterclaim, they are obligated to raise it in the same lawsuit. Otherwise, they cannot raise it in a separate proceeding later.