(a) Persons To Be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.
(b) Determination by Court Whenever Joinder Not Feasible. If a person as described in subdivision (a)(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 dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties; second, 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; third, whether a judgment rendered in the person’s absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivision (a)(1)–(2) hereof who are not joined, and the reasons why they are not joined.
(d) Exception of Class Actions. This rule is subject to the provisions of Rule 23.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Persons TRequired 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 jurisdiction over the subject matter of the ajurisdiction shallmust be joined as a party in the action if (1f:
(A) in theat person’s absence complete relief, the court cannot be accorded among those already complete relief among existing parties,; or (2
(B) theat person claims an interest relating to the subject of the action and is so situated that the dispositiong of the action in the person’s absence may :
(i) as a practical matter impair or impede the person’s ability to protect thate interest; or
(ii) leave any of the persons already existing partiesy subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. If theecause of the interest.
(2) Joinder by Court Order. If a person has not been so joined as required, the court shallmust order that the person be made a party. If theA person swhould refuses to join as a plaintiff but refuses to do so, the person may be made either a defendant, or, in a proper case, an involuntary plaintiff.
(3) Venue. If thea joined party objects to venue and the joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.
(b) Determination by Court Wheneverwould make venue improper, the court must dismiss that party.
(b) When Joinder Is Not Feasible. If a person as described in subdivision (a)(1)-(2) hereof cannot be made a partywho is required to be joined if feasible cannot be joined, the court shallmust determine whether, in equity and good conscience, the action should proceed among the parties before it,existing parties or should be dismissed, the absent person being thus regarded as indispensable. The factors. The factors for the court to be considered by the court include: first, to what extent include:
(1) the extent to which a judgment rendered in the person’s absence might be prejudicial to thee that person or those alreadye existing parties; second,
(2) the extent to which, by any prejudice could be lessened or avoided by:
(A) protective provisions in the judgment, by the;
(B) shaping ofthe relief,; or
(C) other measures, the prejudice can be lessened or avoided; third,;
(3) whether a judgment rendered in the person’s absence willould be adequate; fourth,and
(4) whether the plaintiff willould have an adequate remedy if the action iswere dismissed for nonjoinder.
(c) Pleading the Reasons for Nonjoinder. A pleadingWhen asserting a claim for relief shall state, a party must state:
(1) the names, if known to the pleader, of any persons as described in subdivision (a)(1)-(2) hereof who are, of any person who is required to be joined if feasible but is not joined,; and
(2) the reasons why they are not joinedfor not joining that person.
(d) Exception ofor Class Actions. This rule is subject to the provisions of Rule 23.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)