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Rule 19.Required Joinder of Parties

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 19 identifies the parties who must be joined when feasible — those needed for complete relief or who claim an interest that could be impaired — and tells the court how to proceed when such a party cannot be joined.

Full Text of Rule 19

Text sizeJump to: (a) (b) (c) (d)

(a) Persons Required to be Joined if Feasible.
(1) Required Party. A person who is subject to service of process 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.

Plain-English Summary

Some lawsuits cannot be fairly decided without a particular person in the room. Rule 19 identifies those required parties and forces the issue early.

A person must be joined if feasible when, in their absence, the court cannot grant complete relief among the existing parties, or when the person claims an interest in the subject of the action and deciding the case without them would impair that interest or expose an existing party to double or inconsistent obligations. If such a person can be joined, the court orders it.

When joinder is not feasible — because it would destroy jurisdiction or venue — the court must decide, in “equity and good conscience,” whether to proceed without the person or dismiss. It weighs the potential prejudice, whether the relief can be shaped to reduce harm, whether a judgment would be adequate, and whether the plaintiff would have another remedy if the case were dismissed. This is the classic “indispensable party” analysis.

Frequently Asked Questions

What is a “required party”?

Someone who must be joined if feasible because the court cannot grant complete relief without them, because they claim an interest the case might impair, or because their absence could expose an existing party to double or inconsistent obligations.

What happens if a required party cannot be joined?

The court decides, in equity and good conscience, whether to proceed without them or dismiss the case — weighing prejudice, whether relief can be shaped to avoid harm, the adequacy of a judgment, and whether the plaintiff has another remedy.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text
Also known as: necessary partyindispensable partyrequired joindercompulsory joinder