Rule 28 Joinder of Parties
Rule Text
A Permissive Joinder as Plaintiffs. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action.
A(1) Joinder of Defendants in Cases where Taxpayer is Plaintiff. Unless otherwise provided by statute or in these rules, in any case where the plaintiff is taxpayer, the sole defendant will be the Department of Revenue (or the Portland Revenue Division, in a case involving any local income tax administered by the Portland Revenue Division) unless:
A(1)(a) The plaintiff moves for leave to join additional defendants and that motion is granted; or
A(1)(b) A party with an interest in the case (other than the Department of Revenue or the Portland Revenue Division) moves for leave to intervene and that motion is granted.
A(2) Joinder of Defendants in Cases where a Party Other than Taxpayer is Plaintiff. In any case where the plaintiff is not the taxpayer, any and all parties may be joined as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action.
A(3) Additional Principles Governing Treatment of Plaintiffs and Defendants. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
B Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to unnecessary expense by the inclusion of a party against whom that party asserts no claim and who asserts no claim against that party. The court may order separate trials or make other orders to prevent delay or prejudice. TCR amended Sept 24, 2023.