§ 9-11-19.Joinder of persons needed for just adjudication
Chapter 11. Civil Practice Act · Article 4. Parties · Last amended 1972 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-19 requires a court to join any person subject to service of process whose absence would prevent complete relief or put that person’s or the existing parties’ interests at risk, directs the court to decide whether to proceed or dismiss the action when such a person cannot be joined, and exempts class actions from this requirement.
(a)Persons to be joined if feasible. A person who is subject to service of process shall be joined as a party in the action if:
(1)In his absence complete relief cannot be afforded among those who are already parties; or
(2)He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:
(A)As a practical matter impair or impede his ability to protect that interest; or
(B)Leave any of the persons who are already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.
If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.
(b)Determination by court whenever joinder not feasible. If a person, as described in paragraphs (1) and (2) of subsection (a) of this Code section, 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:
(1)To what extent a judgment rendered in the person’s absence might be prejudicial to him or to those already parties;
(2)The extent to which, by protective provisions in the judgment, by the shaping of relief, or by other measures, the prejudice can be lessened or avoided;
(3)Whether a judgment rendered in the person’s absence will be adequate;
(4)Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder; and
(5)Whether and by whom prejudice might have been avoided or may, in the future, be avoided.
(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 paragraphs (1) and (2) of subsection (a) of this Code section, who are not joined and the reasons why they are not joined.
(d)Exception of class actions. This Code section shall be subject to Code Section 9-11-23.
Plain-English Summary
Some cases cannot be resolved on just terms without a particular absent person at the table. This section requires that person to be joined, if they are subject to service of process, whenever leaving them out would make complete relief impossible among the existing parties, or whenever they claim an interest in the case that the court’s decision might impair, or that could expose the existing parties to double, multiple, or inconsistent obligations. Once that trigger is met, the court orders the person joined; someone who should be a co-plaintiff but refuses can instead be made a defendant or an involuntary plaintiff. If adding that person would destroy venue and the person objects to venue, that particular party gets dismissed from the case rather than derailing the whole suit.
Sometimes the needed person cannot be brought in at all — perhaps they cannot be served, or joining them would defeat jurisdiction. When that happens, the court weighs whether equity and good conscience allow the case to proceed without them, treating the absent person as indispensable if it cannot. Subsection (b) lists five factors guiding that call: how much a judgment made in the person’s absence might prejudice them or the existing parties, whether protective measures in the judgment can reduce that prejudice, whether a judgment reached without them would still be adequate, whether the plaintiff has another adequate remedy if the case is dismissed, and who, if anyone, could have avoided the prejudice.
A pleading that asserts a claim for relief has to name any such person left out of the case, if known, and explain why. Subsection (d) makes clear this whole framework does not apply to class actions, which are governed instead by Code Section 9-11-23 — a necessary carve-out, since a class by definition includes members too numerous to join individually.
Frequently Asked Questions
When must a court require a person to be joined as a party under O.C.G.A. § 9-11-19?
When, without them, complete relief cannot be given among the existing parties, or when they claim an interest that the case’s outcome might impair or that could leave existing parties facing double or inconsistent obligations.
What happens if a person who should be joined cannot be made a party?
The court decides, based on equity and good conscience and the five factors listed in subsection (b), whether the action should proceed without that person or be dismissed as to the whole case.
Can someone who won’t voluntarily join as a plaintiff be forced into a Georgia lawsuit?
Yes. If that person should join as a plaintiff but refuses, the court may make that person a defendant or, in a proper case, an involuntary plaintiff instead.
What happens if joining the needed person would destroy the court’s venue?
If that person objects to venue and joining them would make venue improper, that joined party is dismissed from the action rather than the case as a whole being dismissed for improper venue.
Does this joinder requirement apply to class actions?
No. Subsection (d) states that this Code section is subject to Code Section 9-11-23, which governs class actions separately.
Amendment History
Ga. L. 1966, p. 609, § 19; Ga. L. 1972, p. 689, § 7.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as:necessary parties Georgia lawsuitindispensable party Georgiainvoluntary plaintiff Georgiajoinder of persons needed for just adjudicationGeorgia mandatory joinder rule