(a) Persons to Be Joined if Feasible. — A person who is subject to service of process may be joined as a party in 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 relating to the subject of the action and is so situated that the disposition of the action in the person's absence may (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 otherwise inconsistent obligations by reason of the claimed interest of the person to be joined. If such a person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff.
Rule 3:12.Joinder of Additional Parties.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceSets the standard for joining a person as an additional party when complete relief requires it or their absence risks impairing their interest or exposing existing parties to inconsistent obligations, describes the four-factor test for proceeding without an indispensable party who can’t be joined, and requires pleadings to explain any nonjoinder.
Full Text of Rule 3:12
(b) Method of Joinder. — A motion to join an additional party may, subject to the provisions of Rule 1:9, be filed with the clerk within 21 days after service of the complaint and must be served on the party sought to be joined who is thereafter subject to all provisions of these Rules, except the provisions requiring payment of writ tax and clerk's fees.
(c) Determination by Court Whenever Joinder Not Feasible. — If a person as described in subdivision (a) hereof cannot be made a party, the court must 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 the absent 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.
(d) Pleading Reasons for Nonjoinder. — A pleading asserting a claim for relief must state the names, if known to the pleader, of any persons as described in subdivision (a) hereof who are not joined, and the reasons why they are not joined.
Plain-English Summary
Some cases can’t be resolved in a way that treats everyone with a stake in them justly. This rule identifies who has to be joined if feasible: a person subject to service of process must be added if complete relief can’t be granted among the existing parties without them, or if that person claims an interest in the subject of the action and leaving them out could impair their ability to protect that interest, or could leave the existing parties exposed to double, multiple, or otherwise inconsistent obligations because of the absent person’s claimed interest. If such a person belongs on the plaintiff’s side but refuses to join voluntarily, the rule allows that person to be made a defendant instead — or, in the right case, an involuntary plaintiff.
Getting that person into the case, subject to Rule 1:9, takes a motion filed with the clerk within 21 days after service of the complaint, served on the person sought to be joined. Once served, that person becomes subject to all the provisions of these Rules, except the ones requiring payment of writ tax and clerk’s fees.
Sometimes a necessary person can’t be joined at all — service isn’t possible, or some other obstacle blocks it. When that happens, the court has to decide, in equity and good conscience, whether the action should proceed among the parties already before it or should be dismissed, treating the absent person as indispensable. Four factors guide that call: how prejudicial a judgment entered without the absent person might be to that person or to the existing parties; whether protective provisions in the judgment, shaping the relief, or other measures could lessen or avoid that prejudice; whether a judgment rendered without the absent person would be adequate; and whether the plaintiff would have an adequate remedy if the court dismissed the action for nonjoinder.
Finally, any pleading asserting a claim for relief has to name any persons described above who haven’t been joined, if their identity is known to the pleader, and explain why they weren’t joined.
Frequently Asked Questions
When must a person be joined as a party if they’re subject to service of process?
When complete relief can’t be granted among the parties already in the case without them, or when that person claims an interest in the subject matter that could be impaired by their absence, or could expose existing parties to inconsistent obligations.
How does a party get someone joined to the case?
By filing a motion with the clerk, subject to Rule 1:9, within 21 days after service of the complaint, and serving it on the person sought to be joined. That person then becomes subject to all these Rules except the ones requiring payment of writ tax and clerk’s fees.
What if a necessary person refuses to join as a plaintiff?
The rule allows that person to be made a defendant instead, or, in a proper case, an involuntary plaintiff.
What happens if a necessary person can’t be joined at all?
The court must decide, in equity and good conscience, whether the case should proceed without that person or be dismissed, weighing prejudice to the absent person or existing parties, whether that prejudice can be lessened, whether a judgment without the absent person would be adequate, and whether the plaintiff has an adequate remedy if the case is dismissed.
Does a complaint have to explain why someone wasn’t joined as a party?
Yes, if the pleader knows of a person described under subdivision (a) who wasn’t joined, the pleading asserting the claim must state that person’s name and the reasons they weren’t joined.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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