Rule 19.Joinder of person needed for just adjudication
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 19 identifies when an absent person must be added to a lawsuit for the court to resolve the case fully, and directs the court to either bring that person in, proceed without them, or dismiss the case when they can't be reached.
(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 accorded among those already parties; or
(2)he claims an interest relating to the subject of the action and is so situated that the dis- position 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 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.
(B)Determination by court whenever joinder not feasible. Notwithstanding subdivision (A) of this rule when a person described in subsection (1) or (2) thereof is not made a party, the court may treat the absent party as not indispensable and allow the action to proceed without him; or the court may treat such absent party as indis- pensable and dismiss the action if he is not subject to process. In determining whether or not a party is indispensable the court in its discretion and in equity and good conscience shall consider the following factors:
(1)the extent to which a judgment rendered in the person’s absence might be prejudicial to him or those already parties;
(2)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;
(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 non- joinder.
(C)Pleading nonjoinder. Nonjoinder under this rule may be raised by motion as provided in Rule 12(B)(7).
(D)Exception of class actions. This rule is subject to the provisions of Rule 23.
(E)Parties not indispensable--Joinder of obligors, assignors, and subrogees and subrogors.
(1)Joint obligors. Joinder of all the parties to a joint and several obligation and to a joint oblig- ation, including a partnership obligation, shall not be required, and joint or separate action may be brought against one or more of such obligors who shall be subject to permissive join- der as provided in Rule 20. A judgment against fewer than all does not merge or bar the claim against those not made parties for that reason.
(2)Assignor of claim. Joinder of the assignor or transferor of a claim or chose in action shall not be required in a suit by the assignee who establishes his title by appropriate pleading and proof, but such assignor or transferor shall be subject to permissive joinder as provided in Rule 20.
(3)Subrogation.
(a)A subrogor may enforce the claim to the extent of his interest or in full without joining the subrogee.
(b)The subrogee may enforce the claim to the extent that he establishes his title or interest by appropriate pleading and proof without joining the subrogor.
(c)In such cases the subrogor or subrogee shall be subject to permissive joinder as provided in Rule 20. Any recovery by the subrogor to the extent that such recovery is owned by a subrogee shall be made as representative and trustee for the subrogee.
(F)Governmental organizations and representatives thereof as parties. Suits by or against a governmental organization or governmental representative relating to the acts, power or authority of such organization or representative, including acts under pur- ported power or authority or color thereof by such organization or representative, shall be governed by this provision.
(1)Suits by or against a governmental organization or against a representative in his offi- cial capacity shall be brought in the name of the governmental organization. Suits naming a governmental representative by his official title or by his name along with his official title shall be deemed to name and include the governmental organization which he rep- resents, and suits naming an unofficial branch, office or unit of a governmental organ- ization shall be deemed to name and include the governmental organization of which it is a part; but the court upon its own motion or the motion of any party may require the omit- ted and proper governmental organization to be included at any time.
(2)Other government organizations and governmental representatives of the same or other governmental organizations may be joined or made parties to suits in which a gov- ernmental organization is named as a party in accordance with the provisions of these rules relating to parties. Failure to name, or improper naming of a governmental organ- ization or a governmental representative shall be subject to the provisions of these rules relating to parties.
(3)A judgment for or against a governmental organization shall also bind affected or suc- cessive representatives of such organization. When a governmental representative is named as a party in his individual name or in his individual name along with his official title, the judgment, in an appropriate case, may bind him in his individual capacity, but no judgment against him in his individual capacity shall be rendered against him unless he is so named. No action against a governmental organization or against a governmental rep- resentative in his official capacity shall be abated, affected or delayed because of the death, incapacity or replacement of a named or unnamed governmental representative, or because of the fact that the name, functions or existence of the governmental organ- ization have been altered or terminated. In either case the action shall proceed without substitution of successors who shall be bound by the judgment in their official capacity.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 19 answers a basic but consequential question: when does a lawsuit need someone who isn't currently a party? Section A sets out two situations that trigger mandatory joinder. First, if the court can't grant complete relief among the people already in the case without adding this person, that person must be joined. Second, if the absent person has a stake in the dispute and leaving them out would either damage their own ability to protect that stake or expose the current parties to a real risk of facing double, multiple, or contradictory obligations because of the outstanding claim, joinder is required. When someone fits either description, the court orders them added — as a defendant if they won't join voluntarily as a plaintiff.
Sometimes the absent person can't be brought in, most often because no Indiana court can get authority over them through service of process. Section B tells the court what to do then: decide, weighing equity and good conscience, whether the case can go forward without that person or must be dismissed instead. The rule lists four factors for that judgment call — how much a judgment reached without the absent person would hurt that person or the existing parties; whether the court can soften that harm through careful wording of the judgment or other measures; whether a judgment issued without the absent person would still mean anything; and whether the plaintiff would have anywhere else to turn if the case were dismissed for lack of that person. Only a person the court decides truly must be present, and who still can't be reached, gets the case dismissed — the label for that person is indispensable.
Section C explains that a party objecting to nonjoinder raises the issue by motion, the same motion used to challenge other pleading defects. Section D makes clear that class actions run under their own separate joinder framework in Rule 23, not this one.
Section E carves out three situations where a related party's absence never makes them indispensable, because Indiana practice lets a case proceed against or on behalf of just one of several closely tied parties. Someone who owes a debt jointly with others, including a business partner, doesn't have to be sued alongside every other person who owes the same debt — the plaintiff can sue one, several, or all of them, and a judgment against fewer than everyone doesn't erase a later claim against the rest. Along the same lines, a person who has been assigned or transferred a claim can sue on it without joining whoever handed it over, and someone who has taken over part of a claim through subrogation, such as an insurer that paid a loss, can pursue that share without joining the original claim holder, or vice versa — whichever one sues just has to hold any recovery belonging to the other in trust for them. In every one of these situations, the other party remains free to join the suit voluntarily, or to be added later, under the rule governing permissive joinder.
Section F covers suits involving government bodies and officials. It directs that these suits name the governmental organization itself, and it treats a suit naming an official by title, or naming an office or department, as one that already includes the government body behind it — though the court can order the correct entity added at any point. A judgment for or against a government body binds whoever holds that office later, in their official capacity, even after the individual who was sued leaves the position. Suing an official by name in an individual capacity is different: a judgment only reaches that person personally if they were named personally. And none of these suits stall because an official dies, becomes incapacitated, is replaced, or because the agency itself is renamed or restructured — the case moves forward without pause, binding whoever succeeds to that role.
Frequently Asked Questions
What does it mean for a party to be indispensable under Rule 19?
It means the court has decided, after weighing prejudice to the absent person and the existing parties, whether the judgment can be shaped to reduce that harm, whether a judgment without the person would mean anything, and whether the plaintiff has another remedy if the case is dismissed, that the case truly cannot proceed without that person. Indispensable status only comes into play once the person can't be joined, typically because no court can reach them with process.
I left someone out of my lawsuit who should have been a party. Is my case over?
Not automatically. The person left out can be brought in through a motion, and the usual outcome is that the court orders them added rather than dismissing anything. Dismissal is reserved for the narrower situation where the court decides the missing person is indispensable and there's no way to bring them into the case.
How do I raise the issue that a necessary party is missing from a case?
By motion, the same procedural route used for other defects in the pleadings under Rule 12(B)(7).
Do I have to sue every person who owes me a joint debt?
No. Joint obligors, including business partners on a partnership obligation, don't all have to be sued together. You can proceed against one, several, or all of them, and a judgment against fewer than everyone doesn't bar a later claim against the rest.
If I was assigned someone else's legal claim, do I have to name them in my lawsuit?
No. An assignee who can establish title to the claim through proper pleading and proof can sue without joining the person who assigned or transferred it.
My insurer paid part of my loss and is pursuing the at-fault party. Do both of us have to be in the case?
No. Either the person who suffered the loss or the insurer that paid part of it (the subrogee) can pursue the claim to the extent of their own interest without joining the other, though whichever one sues holds any recovery belonging to the other in trust.
Does Rule 19 apply to class actions?
No. Class actions follow their own joinder framework under Rule 23 instead.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 19). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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