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Rule 19.  Required Joinder of Parties


Rule 19. Required Joinder of Parties

(a) Persons Required to Be Joined if Feasible.

(1) Required Party. A per­son who is subject to service of pro­cess and whose joinder will not deprive the court of sub­ject-matter jurisdiction must be joined as a party if:

(A) in that per­son's absence, the court cannot accord com­plete relief among existing parties; or

(B) that person claims an interest relating to the subject of the ac­tion and is so situated that disposing of the action in the per­son’s absence may:

(i) as a practical matter impair or impede the per­son's abil­i­ty to protect the interest; or

(ii) leave an existing party subject to a substantial risk of in­cur­ring double, multiple, or otherwise in­con­sis­tent ob­li­ga­tions because of the interest.

(2) Joinder by Court Order. If a person has not been joined as re­quired, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a de­fen­dant or, in a proper case, an in­vol­un­tary plaintiff.

(3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dis­miss that party.


(b) When Joinder Is Not Feasible. If a per­son who is required to be joined if feasible cannot be joined, the court must determine wheth­er, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:

(1) the extent to which a judg­ment rendered in the per­son's ab­sence might prejudice that person or the existing parties;

(2) the extent to which any prejudice could be lessened or avoided by:

(A) protective provisions in the judg­ment;

(B) shaping the relief; or

(C) other measures;

(3) whether a judg­ment rendered in the per­son's absence would be adequate; and

(4) whether the plaintiff would have an adequate remedy if the ac­tion were dismissed for nonjoinder.


(c) Pleading the Reasons for Nonjoinder. When as­sert­ing a claim for relief, a party must state:

(1) the name, if known, of any person who is required to be joined if feasible but is not joined; and

(2) the reasons for not joining that person.


(d) Exception for Class Actions. This rule is subject to Rule 23.


(Amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)

 

 

 

 

 

 

 

 

 

 


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Page Last Updated:  June 17, 2013