Defenses and Affirmative Defenses
Procedural Defenses
Rule 19 requires joinder of a person whose absence prevents complete relief or who claims an interest that would be impaired. If joinder is not feasible, the court determines whether the action should proceed or be dismissed.
Dismissal is reserved for indispensable parties.
Alternative Names:
Failure to Join Required Party, Rule 19 Defense
Why it Matters?
The defense rarely produces dismissal because courts prefer proceeding where possible, but it is worth raising where the absent party's presence would destroy diversity jurisdiction and require remand. That indirect effect is frequently the actual objective. In contract disputes involving multiple obligees, the analysis is more likely to produce required joinder than in tort cases where joint tortfeasors are permissive parties.
Frequently Confused with
Related terms
Frequently asked questions
Does the defense usually produce dismissal?
What is the indirect objective?
