Parties, Roles, and Litigation Teams
Parties
Rule 19 defines a required party as one without whom complete relief cannot be granted among existing parties, or who claims an interest that would be impaired by proceeding. If joinder is infeasible, the court decides whether to proceed.
Indispensable parties require dismissal.
Alternative Names:
Required Party, Rule 19 Party
Why it Matters?
The practical use is jurisdictional, since establishing that a non-diverse party is required can defeat diversity and force remand. Joint tortfeasors are not necessary parties, which limits the argument in tort cases, but co-obligees on a contract and parties with interests in specific property frequently are. Framing the argument around impairment of the absent party's interest is stronger than complete relief in most cases.
Frequently Confused with
Related terms
Frequently asked questions
Are joint tortfeasors necessary parties?
What is the practical use?
