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.