Rule 19.Joinder of persons needed for just adjudication
Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026
Full Text of Rule 19
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.