Legal Definitions - prayer in aid

Prayer in aid refers to a formal request made by a party in a lawsuit to the court, asking for assistance or intervention concerning another person or entity whose rights or obligations are directly relevant to the case, but who may not yet be a direct party or fully involved. It is a procedural tool used to ensure that all necessary parties or relevant interests are considered by the court to fully resolve the dispute, often when a party's defense or claim depends on the rights or duties of this third party.

• Imagine a situation where Ms. Chen is renting an apartment from Mr. Davis, who claims to be the landlord. Mr. Davis sues Ms. Chen for unpaid rent. However, Ms. Chen knows that Mr. Davis is only managing the property, and the actual owner is XYZ Properties LLC. Ms. Chen might file a prayer in aid, asking the court to acknowledge the involvement of XYZ Properties LLC because her lease agreement and her obligations ultimately derive from the actual owner, not just the property manager. She might argue that XYZ Properties LLC is the true party in interest regarding the rent dispute, and their rights or duties need to be considered for a complete resolution.

• Consider a small business, "Bright Ideas Inc.", that took out a loan from First National Bank. Mr. Lee, the CEO of Bright Ideas Inc., personally signed a guarantee, promising to repay the loan if the company defaulted. When Bright Ideas Inc. struggles and defaults on the loan, First National Bank sues only Bright Ideas Inc. for the outstanding debt. Bright Ideas Inc. might file a prayer in aid, asking the court to involve Mr. Lee as the personal guarantor. The company's argument would be that Mr. Lee's personal guarantee is directly tied to the loan agreement, and his obligations as guarantor are crucial for the court to fully address the bank's claim and determine who is ultimately responsible for the debt.