(a) Persons Required to be Joined if Feasible.
(1) Required Party. A person who is subject to service of process and whose
not deprive the court of subject-matter jurisdiction
over the subject matter of the
be joined as a party in the action if:
(1) (A) in the that person's
absence, the court cannot accord complete relief cannot be
accorded among those already existing
parties ,; or
(2) (B) the that person claims an
interest relating to the subject of the action and is so
situated that the disposition disposing of the action in the person's
(i) as a practical matter impair or impede the person's ability to protect
the interest; or
any of the persons already parties an existing party
subject to a substantial risk
of incurring double, multiple or otherwise inconsistent obligations by reason
because of the
(2) Joinder by Court Order. If
the a person has not
been so joined as required, the court
shall must order that the person be made a party. If
the A person should who 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
the a joined party objects to venue and the
joinder would render the make
venue of the action improper, the court must dismiss that party
must be dismissed from the
Determination by court whenever When Joinder is
not Feasible. If a person as described
in subdivision (a)(1) or (a)(2) hereof who is required to be joined if feasible
cannot be made
a party joined, the court shall must determine
whether, in equity and good conscience, the
action should proceed among the existing parties before it, or should
be dismissed , the
absent person being thus regarded as indispensable. The factors to be
considered by for the
court to consider include:
first, to what the extent to which a judgment
rendered in the person's absence might be
prejudicial to the absent prejudice that person or those already
the existing parties;
second, the extent to which , any
prejudice could be lessened or avoided by;
(A) protective provisions in the judgment
, by the;
of the relief ,; or
(C) other measures
, the prejudice can be lessened or avoided;
third, whether a judgment rendered in the person's absence
will would be adequate; and
fourth, whether the plaintiff will
would have an adequate remedy if the action is were
dismissed for non-joinder.
(c) Pleading the Reasons for Non-joinder.
When asserting a claim for relief,
shall a party must state:
names name, if known to the
pleader, of any persons as described in subdivision
(a)(1) or (a)(2) hereof who are not is required to be joined
if feasible but is not joined ,; and
(2) the reasons
why they are for not
joined joining that person.
Exceptions of Exception for Class Actions. This rule is
subject to the provisions of Rule
Rule 19 was amended, effective _________.
Rule 19 is
identical to Rule derived from Fed.R.Civ.P.
19 , FRCivP, except for style
Rule 19 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 19 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of April 24-25, 2008, pages 28-29;
1989, page 2; December 3, 1987, page 11; September 20-21, 1979, pages 12-13;
Fed.R.Civ.P.19 , FRCivP.
Superseded: N.D.R.C. 1943 §§ 28-0208, 28-0222.
Rule N.D.R.Civ.P. 23 (Uniform Class Actions
Rule) , N.D.R.Civ.P.