A person who is subject to service of process, either personal or constructive, shall be joined as a party in the action if (a) in his absence complete relief cannot be accorded among those already parties, or (b) 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 (i) as a practical matter impair or impede his 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 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.
Rule 19.01.Persons to be joined if feasible.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires joinder of any person subject to service of process if complete relief cannot be given without them, or if they claim an interest that could be impaired by their absence or could expose existing parties to double or inconsistent obligations, and directs the court to order that person joined, as a defendant or involuntary plaintiff if needed, unless doing so would destroy venue.
Full Text of Rule 19.01
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 19.01 identifies people who have to be brought into a lawsuit if they can be. A person subject to service of process, personally or by constructive service, must be joined as a party when either of two things is true. First, complete relief cannot be worked out among the people already in the case without that person. Second, the person claims an interest in the subject of the lawsuit and is positioned so that deciding the case without them could either practically impair their ability to protect that interest, or leave the existing parties open to a real risk of double, multiple, or inconsistent obligations because of that claimed interest.
When someone meets that description and has not yet been joined, the court orders that the person be made a party. The rule anticipates that a person who should join as a plaintiff might not want to. In that situation, the rule allows that person to be made a defendant instead, or, in a proper case, an involuntary plaintiff. This keeps one reluctant person from blocking a case that needs them in it.
The rule also builds in a limit tied to venue. If the person who gets joined objects to venue and joining them would make the action's venue improper, the person is dismissed from the action rather than forcing the whole case to move or be dismissed.
Frequently Asked Questions
Who has to be joined as a party under Kentucky's Rule 19.01?
Anyone subject to service of process, personal or constructive, must be joined if complete relief cannot be given among the existing parties without them, or if they claim an interest in the case's subject matter and deciding the case without them could impair that interest or expose existing parties to double, multiple, or inconsistent obligations.
What happens if a person who should join as a plaintiff refuses?
Rule 19.01 allows that person to be made a defendant instead, or in a proper case an involuntary plaintiff, so the case can proceed without their voluntary cooperation.
Can a required party be dropped from the case over a venue objection?
Yes. If the joined party objects to venue and joining them would make the action's venue improper, Rule 19.01 requires that the party be dismissed from the action.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 19.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: necessary party rule Kentuckywho must be joined in a lawsuitinvoluntary plaintiffjoinder of persons needed for just adjudicationrequired party venue objectioncomplete relief among parties