joint defendant

A joint defendant is a defendant involved in litigation with two or more defendants. In many states, such as Resolution Trust Corp. v. Heiserman, a joint defendant may face joint liability if the defendant is found to have consciously conspired and deliberately pursued a common plan or design to commit a tortious act. A joint defendant would be held responsible only for the degree or percentage of fault assessed to the defendant and has a right of contribution from their fellow defendants acting in concert. See also codefendant.

[Last reviewed in September of 2025 by the Wex Definitions Team] 

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