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Rule 19.Joinder of persons needed for just adjudication

Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026

In one sentenceRule 19 requires a court to join any person, when joinder is feasible, whose absence would prevent complete relief among the existing parties, impair that person's ability to protect a claimed interest, or expose existing parties to inconsistent obligations, and sets out the factors a court weighs when joinder isn't feasible and the absent person may be indispensable.

Full Text of Rule 19

Text sizeJump to: (a) (b) (c)

(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.

Amendment History

Amended, effective Jan. 1, 1967; Jan. 1, 1991.

Plain-English Summary

Rule 19(a) identifies who must be joined, if joinder is feasible, without depriving the court of subject-matter jurisdiction: a person whose absence would leave complete relief impossible among the parties already in the case, or a person who claims an interest in the subject of the action and whose absence might impair that person's ability to protect the interest, or leave existing parties exposed to double, multiple, or otherwise inconsistent obligations because of the claimed interest. If such a person hasn't been joined, the court orders that they be made a party. Someone who should join as a plaintiff but refuses can instead be made a defendant, or, in a proper case, an involuntary plaintiff. And if that person objects to venue and joining them would render the action's venue improper, the rule requires dismissing that person from the action rather than proceeding with improper venue.

Rule 19(b) addresses the harder case: what happens when that person can't be joined at all. The court then decides, in equity and good conscience, whether the action should proceed among the parties already before it or should be dismissed, treating the absent person as indispensable. Four factors guide that call: how much a judgment rendered in the person's absence might prejudice the person or the existing parties; whether protective provisions in the judgment, shaping the relief, or other measures could lessen or avoid that prejudice; whether a judgment rendered without the absent person would be adequate; and whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.

Rule 19(c) adds a disclosure duty. A pleading asserting a claim for relief must name any person described in Rule 19(a)(1)-(2) who wasn't joined, if the pleader knows the name, and state the reasons for leaving that person out.

Frequently Asked Questions

When must a Delaware court order someone joined even though no one asked to sue them or be sued by them?

Rule 19(a) requires joinder, when feasible, whenever complete relief can't be given among the existing parties without that person, or when the person claims an interest in the case's subject matter and their absence might impair their ability to protect it or expose existing parties to inconsistent obligations.

What happens if a person who should join as a plaintiff refuses to do so?

Rule 19(a) allows that person to be made a defendant instead, or, in a proper case, an involuntary plaintiff.

What if joining a necessary person would destroy the court's venue?

Rule 19(a) requires that person to be dismissed from the action if they object to venue and their joinder would render the action's venue improper.

What does a court weigh when a needed person can't be joined at all?

Rule 19(b) directs the court to consider prejudice to the absent person or existing parties from a judgment rendered without them, whether that prejudice can be lessened through protective measures, whether a judgment without the absent person would be adequate, and whether the plaintiff would have an adequate remedy if the case were dismissed.

Do I have to disclose people I didn't join in my complaint?

Yes. Rule 19(c) requires a pleading asserting a claim to name, if known, any person described in Rule 19(a)(1)-(2) who wasn't joined, and to state why.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
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