(a)
Persons Required to Be Joined if Feasible.
(1) Required Party.
A person who is subject to
service of process and whose joinder will not
deprive the court of subject-matter jurisdiction
must be joined as a party if:
(A) in that person's absence, the court cannot
accord complete relief among existing
parties; or
(B) that person claims an interest relating to
the subject of the action and is so situated
that disposing of the action in the person's
absence may:
(i) as a practical matter impair or impede
the person's ability to protect the
interest; or
(ii) leave an existing party subject to a
substantial risk of incurring double,
multiple, or otherwise inconsistent
obligations because of the interest.
(2) Joinder by Court Order.
If a person has not
been joined as required, the court must order
that the person be made a party. A person who
refuses to join as a plaintiff may be made either
a defendant or, in a proper case, an involuntary
plaintiff.
(3) Venue.
If a joined party objects to venue and
the joinder would make venue improper, the
court must dismiss that party.
(b)
When Joinder Is Not Feasible.
If a person who is
required to be joined if feasible cannot be joined, the
court must determine whether, in equity and good
conscience, the action should proceed among the
existing parties or should be dismissed. The factors
for the court to consider include:
(1) the extent to which a judgment rendered in the
person's absence might prejudice that person or
the existing parties;
(2) the extent to which any prejudice could be
lessened or avoided by:
(A) protective provisions in the judgment;
(B) shaping the relief; or
(C) other measures;
(3) whether a judgment rendered in the person's
absence would be adequate; and
(4) whether the plaintiff would have an adequate
remedy if the action were dismissed for
nonjoinder.
(c)
Pleading the Reasons for Nonjoinder.
When
asserting a claim for relief, a party must state:
(1) the name, if known, of any person who is
required to be joined if feasible but is not joined;
and
(2) the reasons for not joining that person.
(d)
Exception for Class Actions.
This rule is subject to Rule 23.