Part 16 · Parties

Rule 19.02. Determination by Court Whenever Joinder Not Feasible

Amended July 1, 2025 (current)

If a person as described in Rule 19.01

(1) -

(2) hereof cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it; or should be stayed or dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:

(1) to what extent a judgment rendered in the person's absence might be prejudicial to the person or those already parties;

(2) the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided;

(3) whether or not a judgment rendered in the person's absence will be adequate; and

(4) whether or not the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.