Rule 19.Joinder of Persons Needed for Just Adjudication.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 19 requires joining a person whose absence would prevent complete relief or expose them or the parties to prejudice, and tells the court how to proceed when that person cannot be joined.

Full Text of Rule 19

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

(a) (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) (1) in the person’s absence complete relief cannot be accorded among those already parties, or

(2) (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

(A) (A) as a practical matter impair or impede the person’s ability to protect that interest. or

(B) (B) 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.

(b) (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) (c) Pleading reasons for nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons described in subdivision (a)(1)-(2) of this Rule who are not joined, and the reasons why they are not joined.

(d) (d) Reserved.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

A person subject to service of process must be joined in two situations: where complete relief cannot be given among the existing parties without them, or where they claim an interest in the subject of the action and deciding it in their absence may either impair their ability to protect that interest or leave an existing party facing double, multiple or inconsistent obligations. If such a person has not been joined, the court shall order it. Someone who ought to join as a plaintiff and refuses may be made a defendant or, in a proper case, an involuntary plaintiff.

When joinder is not feasible the court decides in equity and good conscience whether to go on or dismiss, treating the absent person as indispensable if it dismisses. Four factors guide it: how far a judgment rendered without that person might prejudice them or the existing parties; whether protective provisions, shaping of relief or other measures could reduce that prejudice; whether a judgment given in their absence would be adequate; and whether the plaintiff would have an adequate remedy if the case were dismissed.

The pleading carries a disclosure duty that is often overlooked. A pleading asserting a claim for relief must name any such person who is not joined, so far as the pleader knows, and give the reasons why.

Frequently Asked Questions

Who must be joined in a Hawaii family court action?

A person subject to service of process whose absence would prevent complete relief among the existing parties, or who claims an interest that could be impaired or could expose a party to inconsistent obligations.

What happens if a necessary person cannot be joined?

The court decides in equity and good conscience whether to proceed or dismiss, weighing prejudice, whether it can be reduced, the adequacy of a judgment without them, and whether the plaintiff has another remedy.

What is an indispensable party?

An absent person the court regards as indispensable when it concludes the action should be dismissed rather than proceed without them.

Must I name people I did not join?

Yes. A pleading asserting a claim for relief must state the names, if known, of such persons who are not joined and the reasons why.

Can someone be made an involuntary plaintiff?

Yes, in a proper case, where a person who should join as a plaintiff refuses to do so. They may also be made a defendant.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 19). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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