Section 1.17 Choice of Parties

• Library: Sources of Proof (2014 Ed.)

D. (§1.17) Choice of Parties

Another important decision is who to sue. While this decision may be made for counsel when there is only one possibility, it may also reflect such nonlegal factors as the “deep pocket,” indemnity versus contribution, “the empty chair,” and numerous others.

The range of evidence admissible at a trial will be expanded as additional parties plaintiff or defendant are joined. As more parties are added, more proof will be needed to complete the trial. In addition, the scope of...