Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-211 requires a court to join any person subject to service of process whose absence would prevent complete relief or put existing parties or the absent person's own interests at risk, and tells the court what to do when that person can't be joined.
(a)Persons to be joined. — Except as otherwise provided by law, a person who is subject to service of process shall be joined as a party in the action if in the person’s absence
(1)complete relief cannot be accorded among those already parties, or
(2)disposition of the action may impair or impede the person’s ability to protect a claimed interest relating to the subject of the action or may leave persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations by reason of the person’s claimed interest.
The court shall order that the person be made a party if not joined as required by this section. If the person should join as a plaintiff but refuses to do so, the person shall be made either a defendant or, in a proper case, an involuntary plaintiff.
(b)Reasons for nonjoinder. — A pleading asserting a claim for relief shall state the name, if known to the pleader, of a person meeting the criteria of (1) or (2) of section (a) of this Rule who is not joined and the reason the person is not joined.
(c)Effect of inability to join. — If a person meeting the criteria of (1) or (2) of section (a) of this Rule cannot be made a party, the court shall determine whether the action should proceed among the parties before it or whether the action should be dismissed. Factors to be considered by the court include: to what extent a judgment rendered in the person’s absence might be prejudicial to that person or those already parties; to what extent the prejudice can be lessened or avoided by protective provisions in the judgment or other measures; whether a judgment rendered in the person’s absence will be adequate; and finally, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
(d)Exception. — This Rule is subject to the provisions of Rule 2-231.
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from the 1966 version of Fed. R. Civ. P. 19 (a).
Section (b) is derived from the 1966 version of Fed. R. Civ. P. 19 (c).
Section (c) is derived from the 1966 version of Fed. R. Civ. P. 19 (b).
Section (d) is derived from the 1966 version of Fed. R. Civ. P. 19 (d).
Plain-English Summary
Not every party who should be in a lawsuit chooses to be there, and Rule 2-211 gives the court authority to bring them in. A person subject to service of process must be joined if leaving them out would make it impossible to grant complete relief to those already in the case, or if their absence could impair their own ability to protect a claimed interest in the subject of the suit, or could expose the existing parties to a real risk of multiple or inconsistent obligations because of that interest. When someone meets this test, the court orders that they be joined. If the person belongs on the plaintiff's side but won't join voluntarily, the court makes them a defendant instead — or, in the right case, an involuntary plaintiff.
The rule also imposes a disclosure duty. A pleading that asserts a claim for relief must name any person who fits this required-party description but hasn't been joined, if the pleader knows who they are, and must explain why they were left out.
Sometimes a required party can't be joined — because a court lacks jurisdiction over them, for example. When that happens, the court has to decide whether the case can proceed without that person or should be dismissed instead. In making that call, the court weighs how much a judgment entered in the absent person's absence might prejudice that person or the existing parties, whether protective terms in the judgment could reduce that prejudice, whether a judgment issued without the absent person would still be adequate, and whether the plaintiff would have any adequate remedy left if the case were dismissed.
Rule 2-211 gives way to Rule 2-231, which governs class actions, when the two rules conflict.
Frequently Asked Questions
Who is a "required party" under Rule 2-211?
Someone subject to service of process whose absence would either prevent the court from giving complete relief to the existing parties, or put that person's own claimed interest at risk, or expose the existing parties to multiple or inconsistent obligations.
What happens if a required party can't be brought into the case?
The court decides whether to let the case proceed without them or dismiss it, weighing the prejudice a judgment might cause, whether protective terms could lessen that prejudice, whether the judgment would still be adequate, and whether the plaintiff has another adequate remedy.
What if a required party should be a plaintiff but refuses to join?
The court makes that person a defendant, or in the right circumstances, an involuntary plaintiff.
Do I have to explain why I left someone out of my lawsuit?
Yes, if that person fits the required-party description and you know who they are. A pleading asserting a claim must name them and state why they weren't joined.
Does Rule 2-211 apply to class actions?
It's subject to Rule 2-231, the class action rule, which controls where the two provisions conflict.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as:required party Maryland lawsuitnecessary party joinderindispensable partyinvoluntary plaintifffailure to join a required party