When causes of action are improperly joined, the consequences can include dismissal of certain claims, severance of cases into separate proceedings, or even jurisdictional challenges that delay the trial. Improper joinder can also increase litigation costs, create confusion in presenting evidence, and prejudice one or more parties. To manage this, lawyers first identify the procedural defect early—usually by reviewing whether the claims arise from the same transaction or share common legal questions. They then use proper motions, such as a motion to sever, dismiss, or remand, to correct the joinder error. Best practices involve citing strong precedent, keeping arguments concise, and cooperating with opposing counsel to reach procedural clarity before court intervention. By acting promptly and strategically, lawyers maintain judicial efficiency and safeguard their client’s position in the case.
