Rule 19.03.Pleading reasons for nonjoinder.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 19.03
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 19.03 makes nonjoinder visible on the face of the pleading rather than something opposing counsel or the court has to dig for. If someone fits the description in Rule 19.01, meaning they should be joined if feasible, but the pleader has not joined them, the pleading has to say so.
Specifically, the pleading must name those persons, so long as their identity is known to the pleader, and explain why they were not joined. This gives the court and other parties an early, direct look at potential gaps in the case so the joinder question can be raised and resolved before it becomes a problem later in the litigation.
Frequently Asked Questions
Do I have to tell the court about people I didn't sue who might need to be in the case?
Yes. Rule 19.03 requires a pleading asserting a claim for relief to name any persons described in Rule 19.01 who are not joined, if the pleader knows who they are, and to explain why they were left out.
What if I don't know the identity of a person who should be joined?
The rule only requires naming persons whose identity is known to the pleader; it does not require identifying someone whose identity is unknown.
Where in a Kentucky pleading does the nonjoinder statement belong?
Rule 19.03 places the requirement on any pleading that asserts a claim for relief, so the statement of names and reasons for nonjoinder belongs in that same pleading.