Topics include arraignment and preliminary hearings, commitment or release on bail or personal recognizance, the grand jury, prosecutorial discretion, discovery and disclosure requirements, competence to stand trial, plea bargaining, right to a speedy trial, jury selection, joinder and severance of charges and / or defendants, management of jury deliberations, sentencing, and appeals.
42.
Rule Compulsory Joinder of Parties if a person who is not a party to the suit is " necessary " to just adjudication of the action, under the criteria set forth in subsection ( a ), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action.
43.
Most jurisdictions allow joinder ( indictment on the same charge for multiple offenses ) if you either ( a ) have a single course of action or a common scheme or plan that involves breaches of multiple laws ( e . g . if robbers fleeing the scene shoot someone they can be tried together for robbery and murder and firearms offenses ), or ( b ) the offender performs a number of similar criminal actions ( e . g . multiple robberies ).
44.
If it be said that the liability is that of the lessor, but that it is disabled by the lease from its performance, and that that duty is cast by the lease and the law upon the lessee, then the necessity for a joinder in the action is still more apparent for, to obtain a judgment against the plaintiff in error, requiring it to per form a duty devolved upon it merely because it has assumed under the law to perform the duties of another, makes it necessary, upon well settled rules of pleading, also to obtain a judgment against the latter to declare and determine with conclusive force the existence and limits of the duty to be enforced against its guarantor and substitute.
45.
The court concluded that 1 ) the plaintiff's interest in preserving a fully litigated judgment was controlling unless countered by greater opposing considerations, 2 ) the defendants'interests in joining Dutcher were foreclosed by their failure to move for such a joinder before judgment was entered, 3 ) the absent party's interests were not foreclosed by his failure to be joined and the judgment entered by the trial court therefore does not bind him and causes his rights no harm as a result, and 4 ) the efficiency of the judiciary may have been benefitted from an attempt to find a more suitable forum for the controversy before judgment was entered but, after judgment was entered, efficiency would best be served upon appellate review by preserving the trial court's judgment.
