GEN: D can join additional Ds, or P can join an additional party when counterclaimed by D
. There's a right to join additional D's w/in 60 days after service upon the original D.
- RULES: Others may join as additional D if may be:
- (1) Solely liable on the underlying CoA against the joining party; OR
- (2) Liable to (over) or with (J+S) the joining party on any CoA arising out of the T/O upon which the underlying CoA is based.
KEY: Joining party either liable over (ie. contract on top of a tort) or J+S liable with the current D.
PROCESS: Current D files a praecipe for a writ or a complaint
-- served by sheriff, same rules -- within 60 days after service of the initial process on D.
- RECOVERY: SoL Issue --
- (1) If joinder of add'l Ds occurs before the SoL expires: P can recover from either the original D or the joined D.
- (2) If joinder of add'l Ds occurs after the SoL has expired: P may not be able to recover IF jury finds that the sole party responsible was the joined party. Otherwise, can recover total amount from either the original D or the joined D.