(a) Necessary joinder. – Subject to the provisions of Rule 23, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of anyone who should have been joined as plaintiff cannot be obtained he may be made a defendant, the reason therefor being stated in the complaint; provided, however, in all cases of joint contracts, a claim may be asserted against all or any number of the persons making such contracts.
Rule 19.Necessary joinder of parties.
Last amended 2017 · Last verified July 3, 2026
In one sentenceRule 19 requires everyone united in interest to be joined as a plaintiff or defendant, lets the court proceed without a party whose joinder is not essential to a fair resolution, and requires a pleading to name and explain the absence of anyone who should have been joined but was not.
Full Text of Rule 19
(b) Joinder of parties not united in interest. – The court may determine any claim before it when it can do so without prejudice to the rights of any party or to the rights of others not before the court; but when a complete determination of such claim cannot be made without the presence of other parties, the court shall order such other parties summoned to appear in the action.
(c) Joinder of parties not united in interest – Names of omitted persons and reasons for nonjoinder to be pleaded. – In any pleading in which relief is asked, the pleader shall set forth the names, if known to him, of persons who ought to be parties if complete relief is to be accorded between those already parties, but who are not joined, and shall state why they are omitted.
(d) Necessary Joinder of House of Representatives and Senate. – The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State through the General Assembly, must be joined as defendants in any civil action challenging the validity of a North Carolina statute or provision of the North Carolina Constitution under State or federal law.
Amendment History
(1967, c. 954, s. 1; 2017-57, s. 6.7(j).)
Plain-English Summary
Rule 19(a) requires those united in interest, subject to Rule 23, to be joined together as plaintiffs or defendants; if someone who should join as a plaintiff will not consent, that person may instead be named a defendant, with the reason stated in the complaint. In a joint-contract case, a claim may be brought against all of the obligors or any number of them.
Rule 19(b) lets the court decide a claim without a person whose presence would not prejudice anyone’s rights, but if complete relief cannot be reached without that person, the court orders them summoned into the case. Rule 19(c) requires a pleader who is asking for relief to name — if known — anyone who ought to be a party for the court to grant complete relief but who has not been joined, and to explain why.
Rule 19(d), added in 2017, requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate — acting as agents of the State through the General Assembly — to be joined as defendants in any civil action challenging the validity of a North Carolina statute or a provision of the state constitution.
Frequently Asked Questions
What does it mean for parties to be “united in interest” under Rule 19?
It means their presence is necessary for the court to reach a complete and final resolution of the dispute — the rule requires them to be joined together as plaintiffs or defendants rather than litigated separately.
What happens if the court cannot grant complete relief without adding someone to the case?
The court orders that person summoned into the action; if their presence is not essential to a fair resolution, the court may instead decide the claim without them.
Why would North Carolina’s legislative leaders need to be joined in a lawsuit?
Rule 19(d) requires the Speaker of the House and the President Pro Tempore of the Senate to be joined as defendants whenever a lawsuit challenges the validity of a North Carolina statute or constitutional provision.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 19). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: necessary joinderindispensable partyjoinder of parties not united in interestpleading nonjoindergeneral assembly joinder constitutional challengeunited in interest parties