If a person as described in Rule 19.01 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: (a) to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; (b) 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; (c) whether a judgment rendered in the person's absence will be adequate; (d) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
Rule 19.02.Determination by court whenever joinder not feasible.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceDirects the court, when a person described in Rule 19.01 cannot be made a party, to weigh prejudice to the absent person and existing parties, whether protective measures or shaped relief can lessen that prejudice, whether a judgment without the absent person would be adequate, and whether the plaintiff has an adequate remedy if the action is dismissed, to decide whether the case should proceed or be dismissed with the absent person regarded as indispensable.
Full Text of Rule 19.02
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 19.02 picks up where Rule 19.01 leaves off. Sometimes a person who should be joined under Rule 19.01 cannot be made a party at all, whether because they cannot be served, joining them would defeat jurisdiction, or some other obstacle stands in the way. When that happens, the court has to decide whether the lawsuit should go forward anyway among the parties already in it, or whether it should be dismissed because that absent person is indispensable to a fair resolution.
The rule lists four factors the court weighs in making that call. It looks at how much a judgment reached without the absent person might prejudice that person or the parties already in the case. It considers whether protective provisions in the judgment, reshaping the relief, or other measures could lessen or avoid that prejudice. It asks whether a judgment reached without the absent person would be adequate. And it weighs whether the plaintiff would have an adequate remedy left if the court dismissed the action for nonjoinder.
None of these factors is stated as automatically controlling. The court weighs them together, in equity and good conscience, to reach a practical judgment about whether litigating without the absent person is fair enough to continue, or whether the case has to be dismissed.
Frequently Asked Questions
What happens if a necessary party under Rule 19.01 cannot be brought into the case?
The court must decide, in equity and good conscience, whether the action should proceed among the existing parties or be dismissed, treating the absent person as indispensable if the case cannot go forward without them.
What factors does a Kentucky court consider before dismissing a case for lack of an indispensable party?
Rule 19.02 lists four: prejudice a judgment might cause the absent person or existing parties, whether that prejudice can be lessened through protective measures or shaped relief, whether a judgment without the absent person would be adequate, and whether the plaintiff would have an adequate remedy if the case were dismissed.
Does Rule 19.02 define what makes a party 'indispensable'?
It does not use a fixed definition; instead it treats a person as indispensable when the court's weighing of the four listed factors shows the action cannot proceed in equity and good conscience without them.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 19.02). 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: indispensable party Kentuckydismissal for nonjoinderfour factor test necessary partyequity and good conscience joinderwhen a case proceeds without a required party