Rule 1-019.Joinder of persons needed for just adjudication

Last verified June 26, 2026

In one sentenceRule 1-019 requires joining a person needed for a just adjudication when feasible, and tells the court how to decide whether to proceed or dismiss when that person cannot be joined.

Full Text of Rule 1-019

Text sizeJump to: (A) (B) (C) (D)

A. Persons to be joined if feasible. A person who is subject to service of process shall be joined as a party in the action if:

(1) in his absence complete relief cannot be accorded among those already parties; or

(2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:

(a) as a practical matter impair or impede his ability to protect that interest; or

(b) leave any of the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff.

B. Determination by court whenever joinder not feasible. If a person as described in Subparagraph (1) or (2) of Paragraph A of this rule cannot be made a party, the court shall determine whether in equity and good conscience the action should 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, to what extent a judgment rendered in the person's absence might be prejudicial to him 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 reasons for nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in Subparagraph

(1) or (2) of Paragraph A of this rule who are not joined, and the reasons why they are not joined.

D. Exception of class actions. This rule is subject to the provisions of Rule 1-023 NMRA.

End

Plain-English Summary

This rule protects absent people whose interests a case might affect. A person subject to service must be joined if complete relief cannot be given among the existing parties without them, or if they claim an interest in the action such that proceeding without them could impair their ability to protect it or expose a current party to double or inconsistent obligations. If such a person has not been joined, the court orders it; someone who should join as a plaintiff but refuses may be made a defendant or, in a proper case, an involuntary plaintiff.

When joinder is not feasible, the court decides in equity and good conscience whether to proceed or dismiss, treating the absent person as indispensable. It weighs the potential prejudice to that person and the existing parties, whether relief can be shaped to lessen the prejudice, whether a judgment without them would be adequate, and whether the plaintiff would have an adequate remedy if the case were dismissed. A pleading must name known persons who should be joined but are not, and explain why.

Frequently Asked Questions

When must a person be joined to a lawsuit?

When complete relief cannot be given without them, or when they claim an interest such that deciding the case without them could impair that interest or expose existing parties to double or inconsistent obligations.

What happens if a necessary person cannot be joined?

The court decides in equity and good conscience whether to proceed without them or dismiss, weighing prejudice, whether relief can be shaped to reduce it, the adequacy of a judgment, and whether the plaintiff has another adequate remedy.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-019 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: necessary partiesindispensable partiesrequired joinderjoinder if feasible