(a) Persons to be Joined if Feasible. A person who is subject to service of process shall be joined as a party to the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest in the subject of the action and is so situated that the disposition of the action in the person’s absence may either (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or other inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant.
Rule 4:28-1.Joinder of persons needed for just adjudication
Last amended September 1, 1998 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:28-1 governs the joinder of parties needed for a just adjudication, requiring a person to be joined if feasible when complete relief cannot be had without them or their interest may be impaired, and setting the factors for whether an action may proceed if such a person cannot be joined.
Full Text of Rule 4:28-1
(b) Disposition by Court if Joinder Not Feasible. If a person should be joined pursuant to R. 4:28-1(a) but cannot be served with process, the court shall determine whether it is appropriate for the action to proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, the extent to which a judgment rendered in the person’s absence might be prejudicial to that person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person’s absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
(c) Pleading as to Non-Joinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons described in R. 4:28-1(a) who are not joined and the reason why they are omitted.
(d) Party Refusing to Join as Plaintiff. If a party who should be a plaintiff is joined in the complaint as a defendant, it shall state the reason therefor.
(e) Applicability; Exceptions. This rule is applicable to the personal representatives of a deceased person described by R. 4:28-1(a). This rule is, furthermore, subject to the provisions of R. 4:32 (class actions).
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:32-1, 4:32-3, 4:32-4, 4:32-5; paragraphs (a) and (e); amended June 29, 1990 to be effective September 4, 1990; paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (e); amended July 10, 1998 to be effective September 1, 1998.
Plain-English Summary
Some people are so connected to a dispute that the case cannot proceed without them. This rule requires a person subject to service to be joined if, in the person’s absence, complete relief cannot be accorded among the existing parties, or the person claims an interest that the litigation could impair or that could expose the existing parties to double or inconsistent obligations. If such a person is not joined, the court orders that they be made a party.
When joinder is not feasible — the person cannot be served — the court decides whether to proceed without them or dismiss, treating the absent person as indispensable. It weighs the prejudice to that person and to those already parties, whether relief can be shaped to lessen prejudice, whether a judgment would be adequate, and whether the plaintiff would have an adequate remedy if the case were dismissed.
Frequently Asked Questions
When must a person be joined as a party in New Jersey?
When, in that person’s absence, complete relief cannot be accorded among the existing parties, or the person claims an interest the litigation could impair or that could subject existing parties to double or inconsistent obligations.
What happens if a necessary party cannot be joined?
The court decides whether to proceed without them or dismiss, treating the absent person as indispensable. It weighs prejudice, whether relief can be shaped to reduce prejudice, the adequacy of a judgment, and whether the plaintiff has an adequate alternative remedy.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:28-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: joinder of necessary partiesindispensable partypersons needed for just adjudicationcompulsory joinder