Can an individual defendant raise defenses that do not apply to joined co-defendants?

Each defendant in a legal action is treated as an individual party with specific rights and responsibilities. This principle allows individual defendants to raise defenses that are pertinent to their own situations, regardless of whether those defenses apply to their co-defendants. This stems from the fundamental idea that the legal merits of each party's case should be examined individually.

In multi-defendant cases, it is not uncommon for one defendant to have a unique set of circumstances or defenses that are unrelated to the other defendants. For instance, one defendant might assert a statute of limitations defense while another may argue lack of personal jurisdiction. The ability to raise individualized defenses ensures that all parties receive a fair trial based on their particular facts and legal arguments, rather than being unfairly grouped together.

In contrast, the assertion that all defenses must apply to every co-defendant would undermine the individualized nature of legal defenses. Similarly, making defenses contingent upon their relationship to the same claim or requiring court permission would improperly limit the legal rights of defendants to present their cases. These other options do not acknowledge the autonomy of each defendant within the legal framework.