New Jersey Jury Instruction - Confession - Statement - Multiple Defendants
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Controversy doctrine. Another basis for the joinder of claims aspect of the doctrine is the equitable rule that a chancery court could obtain jurisdiction to prevent a multiplicity of legal actions. appellate division said that "all aspects of a controversy should be settled in a single legal proceeding." Id.
. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.
When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by court order on motion by any party or its own motion. Any claim against a party may be reserved or severed and proceeded with separately by court order.
A requirement under New Jersey law that litigants assert all known, transactionally related claims in one action (also called mandatory claim joinder). A party may assert the related claims in a complaint, counterclaim, cross-claim, or third-party action.
Bruton, 391 U.S. 123 (1968). The basis of the rule is that criminal defendants have the constitutional right to confrontation ? that is the right to cross-examine witnesses against them. In criminal cases where two defendants are charged jointly with the same crime there will generally be a joint trial.
In New Jersey, the law of the case doctrine is invoked when one court faces a ruling on the merits of a different and co-equal court on an identical issue.
