Co-defendants are jointly named in an action. They may share a common defense, pursue crossclaims against each other, or take inconsistent positions on liability allocation.
Joint defense agreements govern shared information.
Alternative Names:
Codefendant, Joint Defendant
Why it Matters?
Alignment among co-defendants is stable only while liability is contested and breaks down as allocation becomes the issue, which is why joint defense agreements should address what happens when a defendant settles or begins blaming another. The empty chair effect is separately significant, since a co-defendant that settles out leaves the remaining defendant to absorb the allocation unless nonparty fault is available.
Frequently Confused with
Related terms
Frequently asked questions
When does co-defendant alignment break down?
What should the joint defense agreement address?
