Rule 19.Joinder of Persons Needed for Just Adjudication
Part IV. Parties · Last verified September 4, 2026
Full Text of Rule 19
Plain-English Summary
Rule 19 is identical to its civil counterpart in (a) through (c). Subsection (d) is deleted.
Who must be joined
A person subject to service of process shall be joined if either test is met: in that person's absence complete relief cannot be accorded among those already parties; or the person claims an interest relating to the subject of the action and is so situated that disposing of the action without them may, as a practical matter, impair or impede their ability to protect that interest, or leave an existing party at substantial risk of double, multiple or inconsistent obligations.
If the person has not been joined, the court shall order that they be made a party. If they should join as a plaintiff but refuse, they may be made a defendant.
When joinder is not feasible
Subsection (b) is the equity-and-good-conscience test, and the rule supplies four factors in order: first, how far a judgment in the person's absence might prejudice them or those already parties; second, the extent to which protective provisions in the judgment, shaping of relief or other measures can lessen or avoid that prejudice; third, whether a judgment rendered in the absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
The rule reserves the label rather than leading with it: the absent person is "thus regarded as indispensable" only if the court concludes the action should be dismissed.
Pleading around it
Subsection (c) requires a pleading asserting a claim for relief to state the names, if known, of any person described in (a)(1)-(2) who is not joined, and the reasons why. Note that Rule 20 — permissive joinder — is deleted from this set, so Rule 19 carries the joinder work on its own, with Rule 13(h) allowing additional parties to a counterclaim or cross-claim and Rule 24 covering intervention.
Frequently Asked Questions
When must a person be joined as a party?
Under Rule 19(a), when the person is subject to service of process and either complete relief cannot be accorded among the existing parties without them, or they claim an interest in the subject of the action and deciding it without them may impair their ability to protect that interest or leave an existing party at substantial risk of double, multiple or otherwise inconsistent obligations.
What happens if a necessary person cannot be joined?
Rule 19(b) requires the court to decide whether in equity and good conscience the action should proceed among the parties before it or should be dismissed, weighing four factors: prejudice, whether prejudice can be lessened by protective provisions or shaping of relief, whether a judgment in the person's absence will be adequate, and whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
Do I have to say why someone was not joined?
Yes. Rule 19(c) requires a pleading asserting a claim for relief to state the names, if known to the pleader, of any persons described in subdivision (a)(1)-(2) who are not joined, and the reasons why they are not joined.
Is there permissive joinder of parties in this ruleset?
Rule 20 is deleted from the domestic relations rules. Rule 19 governs required joinder, Rule 13(h) allows persons other than the original parties to be made parties to a counterclaim or cross-claim, and Rule 24 covers intervention.