Rule 19 — Required Joinder of Parties

Fed. R. Civ. P. 19

• Source: Federal Rules of Civil Procedure
• Rule: 19
• TITLE IV: PARTIES
• Citation: Fed. R. Civ. P. 19

Text

(a) PERSONSREQUIREDTOBEJOINEDIFFEASIBLE.
(1) Required Party. A person who is subject to service of proc-
ess 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 per-
son’s ability to protect the interest; or
(ii) leave an existing party subject to a substantial
risk of incurring double, multiple, or otherwise incon-
sistent 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 plain-
tiff.
(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.

Advisory Committee Notes

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