Also known as: party to be joined if feasible · Rule 19 parties · necessary parties
Written by attorneys · grounded in primary & secondary sources — see below
Persons whose interests in the subject of an action make their presence necessary for a just adjudication. Joinder is required when service is possible without defeating subject-matter jurisdiction and the absentee claims an interest that would be impaired or would expose existing parties to multiple or inconsistent obligations.
Liberty Trust sued Sun Charity alone to foreclose on a mortgage. Atlantic Coalition held a recorded option to purchase upon default and several tenants held recorded leaseholds. The court could not extinguish those interests without joining the option holder and tenants because they claimed recorded interests relating to the property and their ability to protect those interests would be impaired by a judgment in their absence.
A remainderman sued to invalidate a fee tail estate created by a will. The first donee's living issue held interests that would be defeated if the estate were invalidated. The court ordered joinder of the issue because their absence would impair their ability to protect those interests in litigation challenging the validity of the estate.
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A wife filed for divorce and property division in federal court. Her husband was not joined even though he held title to marital assets and service was feasible. The court required joinder because complete relief on property division could not be accorded without the husband present to assert his ownership claims.
A manufacturer sought approval of a class settlement covering future asbestos claims. Potential future claimants held interests that would be extinguished by the settlement. The court refused approval without joinder or representation because those claimants' ability to protect their interests would be impaired by a judgment entered in their absence.
A plaintiff sued a government official for damages arising from an allegedly unlawful search. The official asserted qualified immunity and argued that other officers who participated in the search were necessary parties. The court examined whether those officers claimed interests that would be impaired if the case proceeded without them before deciding whether joinder was feasible.
A court must join a nonparty if the nonparty claims an interest relating to the subject of the action and is so situated that disposing of the action in the nonparty's absence may impair or impede the nonparty's ability to protect that interest or leave an existing party subject to multiple or inconsistent obligations. Joinder is required only if service is feasible without destroying subject-matter jurisdiction.
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A defendant may move to dismiss under Rule 12(b)(7) for failure to join a party required by Rule 19. The motion asserts that the court cannot in equity and good conscience proceed without the absent person.
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No. If joinder is not feasible the court must determine whether in equity and good conscience the action should proceed among the existing parties or be dismissed. Factors include the extent of prejudice, the adequacy of protective measures, and the availability of an alternative forum.
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Yes. Junior lienholders, tenants with recorded leases, and holders of recorded options are necessary parties because their interests relate to the property and would be impaired or extinguished by a foreclosure judgment entered without them.
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…husband, she cannot maintain a suit against him at law; but in equity she may do so, and against all others who may be proper or necessary parties. But it must be done under the protection of some other person who acts as her next friend, and the bill is accordingly exhibited in her name by such next friend. (Story's Equity Pl., 6th…