Also known as: required party · necessary parties
Written by attorneys · grounded in primary & secondary sources — see below
A person whose joinder in an action is compulsory because the court cannot accord complete relief among existing parties without that person or because the person's absence may impair the person's ability to protect an interest or subject an existing party to multiple or inconsistent obligations.
Liberty Trust initiates foreclosure on Sun Charity's building after default. Atlantic Coalition holds a recorded option to purchase upon default, and several tenants hold recorded long-term leases. Liberty Trust names only Sun Charity as defendant and proceeds to sale. The omitted parties' recorded interests survive because they were required for the proceeding to extinguish junior claims.
Heirs challenge the validity of a fee tail estate created by a prior conveyance. The first donee's living issue hold interests that could be defeated if the estate is invalidated. The living issue are not joined as parties. The court cannot adjudicate the estate's validity without them because their interests would be impaired.
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Plaintiffs seek certification of a class of asbestos claimants against Fibreboard for a global settlement. Thousands of future claimants hold interests that would be bound by the settlement terms. The court refuses certification because those claimants are required parties whose absence prevents adequate representation and complete relief.
A plaintiff sues a government official for alleged constitutional violations. The official asserts qualified immunity and seeks immediate appeal from denial of the defense. The court evaluates whether the asserted right can be protected only if the official participates at the threshold stage. The official's absence would impair the claimed right not to stand trial.
One spouse files for divorce and property division in federal court. The other spouse holds a direct interest in the marital estate but receives no notice and is not joined. The court cannot enter a binding decree dividing the property because the absent spouse is a required party whose interests would be defeated without participation.
A defendant may raise the defense by pre-answer motion under Rule 12(b)(7), in a responsive pleading, on a motion for judgment on the pleadings, or even at trial. The defense is not waived by answering on the merits first.
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The court examines whether complete relief can be accorded among existing parties, whether the absent person claims an interest that may be impaired, and whether an existing party faces substantial risk of multiple or inconsistent obligations. Each factor is assessed on the specific facts.
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Failure to join the mortgagor, junior lienholders, tenants, or others with recorded interests may prevent the sale from extinguishing those interests. State statutes define the required parties, and notice must be given.
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The court must decide whether to proceed without the party or dismiss the action after weighing factors under Rule 19(b), including prejudice to the absent party and whether an adequate judgment can be rendered.
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…earliest days of English law, class actions as we recognize them today developed as an exception to the formal rigidity of the necessary parties rule in equity, as well as from the bill of peace, an equitable device for combining multiple suits. The necessary parties rule in equity mandated that “all persons materially interested,…