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
(ii) leave 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.
(b) 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:
(1) 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;
(2) second, the extent to
which, any prejudice could be lessened or avoided
by;
(A) protective provisions in the judgment, by
the;
(B) shaping of the
relief,; or
(C) other measures, the prejudice can be lessened
or avoided;
(3) third, whether a judgment
rendered in the person's absence will would be adequate;
and
(4) 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:
(1) the 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.
(d) Exceptions of Exception for
Class Actions. This rule is subject to the provisions of Rule
23.
EXPLANATORY NOTE
Rule 19 was amended, effective March 1, 2011.
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 March 1, 2011, 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; 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.
Cross Reference: Rule N.D.R.Civ.P.
23 (Uniform Class Actions Rule), N.D.R.Civ.P.