§ 2019.Joinder of Persons Needed For Just Adjudication
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2019 requires joining any absent person needed for complete relief or whose absence could impair their interests or expose existing parties to inconsistent obligations, and directs the court to weigh prejudice, adequacy of relief, and available remedies when such a person can't be joined and the case must proceed or be dismissed.
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 paragraphs 1 and 2 of subsection A of this section 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:
1.To what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties;
2.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;
3.Whether a judgment rendered in the person's absence will be adequate; and
4.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 paragraphs 1 and 2 of subsection A of this section who are not joined and the reasons why they are not joined.
D.EXCEPTION OF CLASS ACTIONS. This section is subject to the provisions of Section 23 of this act.
Amendment History
Added by Laws 1984, SB 417, c. 164, §19, eff. 11/1/1984.
Plain-English Summary
This section identifies who has to be brought into a lawsuit for it to proceed properly. A person subject to the court's process must be joined if, without them, complete relief can't be given among the parties already in the case, or if the absent person claims an interest in the subject of the suit that their absence would practically impair, or that would leave existing parties at substantial risk of double or inconsistent obligations. If that person should be a plaintiff but won't join voluntarily, they can be made a defendant or, in the right case, an involuntary plaintiff.
Sometimes the absent person can't be joined, perhaps because the court has no jurisdiction over them. When that happens, subsection B asks the court to weigh, in equity and good conscience, whether the case should go forward without them or be dismissed because they're indispensable. The factors: how prejudicial a judgment in their absence might be to them or the existing parties, whether that prejudice can be lessened by shaping the relief, whether a judgment without them would be adequate, and whether the plaintiff would have another adequate remedy if the case were dismissed. A pleading asserting a claim must name any such person left out, and explain why, under subsection C. The whole section yields to Section 2023's class-action rules where those apply.
Frequently Asked Questions
When does the court require a new person be added to an existing lawsuit?
Under subsection A, when complete relief can't be given without them, or when their absence would practically impair their own interests or expose the current parties to double or inconsistent obligations.
What happens if a necessary party can't be joined?
The court weighs, under subsection B, whether to proceed without them or dismiss the case, considering prejudice to the absent person, whether that prejudice can be reduced by shaping the relief, the adequacy of a judgment without them, and whether the plaintiff has another remedy.
Does a plaintiff have to explain why someone who should be a party isn't included?
Yes -- subsection C requires the pleading to name any known persons who should be joined under subsection A and explain why they weren't.
Does this joinder rule apply to class actions?
No -- subsection D makes the section subject to Section 2023's class-action provisions instead.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma indispensable party rule12 O.S. § 2019necessary parties joinder oklahomaoklahoma FRCP 19 equivalent