N.D.R.Civ.P.RULE 19. REQUIRED JOINDER OF
PERSONS NEEDED FOR JUST ADJUDICATION PARTIES (a) Persons Required 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 subject-matter jurisdiction
over the subject matter of the action must 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 absence may:
(i) as a practical matter impair or impede the person's ability to protect
that 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 claimed interest.
(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 action.
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.
A pleading 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 23.
Rule 19 was amended, effective _________.
Rule 19 is
identical to Rule derived from Fed.R.Civ.P. 19 , FRCivP, except for style changes.
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 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, pages 12-13;
Rule Fed.R.Civ.P.19 , FRCivP. Statutes Affected: 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.