(A) Necessary Joinder. Subject to the provisions of subrule (B) and MCR 3.501, persons having such interests in the subject matter of an action that their presence in the action is essential to permit the court to render complete relief must be made parties and aligned as plaintiffs or defendants in accordance with their respective interests.
Rule 2.205.Necessary Joinder of Parties
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.205 requires a Michigan court to bring in anyone whose presence is essential to giving complete relief, lists what the court weighs when that person can't be joined, and requires a pleading to name and explain any such person left out of the case.
Full Text of Rule 2.205
(B) Effect of Failure to Join. When persons described in subrule (A) have not been made parties and are subject to the jurisdiction of the court, the court shall order them summoned to appear in the action, and may prescribe the time and order of pleading. If jurisdiction over those persons can be acquired only by their consent or voluntary appearance, the court may proceed with the action and grant appropriate relief to persons who are parties to prevent a failure of justice. In determining whether to proceed, the court shall consider
(1) whether a valid judgment may be rendered in favor of the plaintiff in the absence of the person not joined;
(2) whether the plaintiff would have another effective remedy if the action is dismissed because of the nonjoinder;
(3) the prejudice to the defendant or to the person not joined that may result from the nonjoinder; and
(4) whether the prejudice, if any, may be avoided or lessened by a protective order or a provision included in the final judgment. Notwithstanding the failure to join a person who should have been joined, the court may render a judgment against the plaintiff whenever it is determined that the plaintiff is not entitled to relief as a matter of substantive law.
(C) Names of Omitted Persons and Reasons for Nonjoinder to be Pleaded. In a pleading in which relief is asked, the pleader must state the names, if known, of persons who are not joined, but who ought to be parties if complete relief is to be accorded to those already parties, and must state why they are not joined.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A person whose interest in the case is so bound up in it that the court cannot give complete relief to the existing parties without them must be joined and lined up as a plaintiff or defendant according to that interest, subject to the class-action rule's own provisions. If such a person is subject to the court's jurisdiction but hasn't been joined, the court orders them summoned. If jurisdiction over them can only be had by their own consent or voluntary appearance, the court instead weighs whether to proceed without them at all: whether a valid judgment can still be reached for the plaintiff, whether the plaintiff would have another effective remedy if the case were dismissed instead, what prejudice the defendant or the absent person would suffer, and whether a protective order or a term in the final judgment could ease that prejudice. Even without joining that person, the court can still rule against the plaintiff outright if the plaintiff isn't entitled to relief as a matter of substantive law. Anyone asking for relief must also name, in the pleading itself, known persons who ought to be parties but aren't, and explain why they were left out.
Frequently Asked Questions
What makes someone a "necessary" party under Rule 2.205?
Anyone whose interest in the dispute is tied up in it so closely that the court can't give complete relief to the existing parties without that person being part of the case.
What happens if a necessary party can't be joined?
The court weighs several factors — including whether the plaintiff has another remedy and whether prejudice to anyone can be eased by a protective order — to decide whether to proceed without that person or dismiss the case.
Do I have to mention people who should be in the lawsuit but aren't?
Yes. If you're asking for relief, you must name anyone you know of who ought to be a party but isn't, and explain why they're not included.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.205). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: necessary party Michigan lawsuitindispensable party Michiganfailure to join necessary party