Title 9, Chapter 11, Section 19
( 9-11-19)
(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 afforded among those
who are 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 who are 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. If the joined party objects to venue and his joinder
would render the venue of the action improper, he shall be dismissed
from the action. (b) Determination by court whenever joinder not feasible. If a
person, as described in paragraphs (1) and (2) of subsection (a) of
this Code 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 to those already parties; (2) The extent to which, by protective provisions in the judgment,
by the shaping of relief, or by other measures, the prejudice can
be lessened or avoided; (3) Whether a judgment rendered in the person's absence will be
adequate; (4) Whether the plaintiff will have an adequate remedy if the
action is dismissed for nonjoinder; and (5) Whether and by whom prejudice might have been avoided or may,
in the future, be avoided. (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 Code section, who are not joined and the reasons why they are
not joined. (d) Exception of class actions. This Code section shall be subject to Code Section 9-11-23. |