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For example, in the case of Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council (2009), a local taxpayer was named as the First Interested Party and the Audit Commission was named as the Second Interested Party. [2] In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is ...
A dead man's statute, also known as a dead man act or dead man's rule, is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a deceased person (a "decedent") against the decedent unless there is a waiver.
When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust. In the United States, Rule 17 of the Federal Rules of Civil Procedure expressly provides that trustees are the real party in interest when it is necessary to sue on behalf of the estate. A beneficiary may sue under these circumstances only when ...
General prohibition of third-party standing: A party may only assert their own rights and cannot raise the claims of a third party who is not before the court; exceptions exist where the third party has interchangeable economic interests with the injured party, or a person unprotected by a particular law sues to challenge the oversweeping of ...
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
The role of an amicus was described by Lord Justice of Appeal Cyril Salmon in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G: . I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf.
Many jurisdictions have rules that provide for an indispensable party to be joined (brought into the case as a party) at the discretion of the judge, which is referred to as a nonjoinder of party. [1] In some cases, the inability to join such a party means that the case must be dismissed.
Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the party of the first part; and the party against whom the case was brought as the defendant, or, in older American cases, the party of the second part.