Rule 19.Required joinder of parties.
Last verified July 1, 2026
Full Text of Rule 19
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Rule 19 identifies people who belong in a lawsuit even though no one has named them. A person who can be served and whose joinder would not strip the court of jurisdiction must be added as a party if, without that person, the court cannot grant complete relief to the parties already in the case, or if leaving that person out could impair their ability to protect their own interest or expose an existing party to double or inconsistent obligations. If such a person refuses to join as a plaintiff, the rule lets the court realign them as a defendant or an involuntary plaintiff instead, and a joined party who has a valid venue objection must be dismissed rather than forced to litigate in the wrong court.
Sometimes the person who should be joined cannot be — perhaps they cannot be served, or joining them would destroy the court's jurisdiction. When that happens, the court weighs whether to proceed among the existing parties or dismiss the case entirely, looking at how much a judgment might prejudice the absent person or the current parties, whether that prejudice can be softened through protective terms in the judgment or by shaping the relief differently, whether a judgment issued without the absent person would still be adequate, and whether the plaintiff would have anywhere else to turn if the case were dismissed.
Any complaint that names a claim must also flag the problem: if a person who should be joined is not, the pleading has to state that person's name, if known, and explain why they were left out. The rule yields to Rule 23, so it does not override how class actions handle absent class members.
Frequently Asked Questions
When must a court order someone joined as a party who was not originally named?
When that person’s absence would prevent complete relief among the existing parties, or would risk impairing that person’s interests or subjecting existing parties to inconsistent obligations.
What happens if a person who should be joined cannot be brought into the case?
The court weighs prejudice to the absent person and existing parties, whether that prejudice can be reduced, whether a judgment would still be adequate, and whether the plaintiff has another remedy, then decides whether to proceed or dismiss.
Can a court add someone as a plaintiff without their consent?
Yes, if that person refuses to join voluntarily, the court may realign them as a defendant or an involuntary plaintiff instead.
Does Rule 19 apply to class actions?
No, class actions are governed separately under Rule 23.