Common mistakes that cause non-joinder include poor party identification (failing to map out all stakeholders or relying on incomplete title/ownership searches), vague or overly broad pleadings that don’t tie specific claims to specific parties, misnaming or misspelling parties, failing to plead alternative theories (so relief can’t be granted if a party is later added), improper or untimely service, and simply skipping third-party/indemnity/contribution claims during initial pleadings. The best lawyers avoid these traps by using a party-checklist and pre-filing due-diligence (title searches, contract reviews, statutory searches), drafting precise pleadings with alternative relief, and running name/identity checks. If non-joinder occurs they move quickly to amend pleadings and file an impleadment/joinder application under the relevant procedural rule, effect proper service on the added party (or ask the court to validate late service), preserve the record (showing diligence and good faith), propose curative remedies to the court (stay, limited discovery, protective orders), and, where practicable, negotiate voluntary joinder or settlement to remove the defect — all while documenting each step to avoid waiver and preserve appellate rights.
