Rule 19.Joinder of Persons Needed for Just Adjudication

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 19 requires a person with a real stake in the lawsuit to be joined as a party whenever that is possible, and tells the court how to decide whether to proceed without that person or dismiss the case when joining them cannot be done.

Full Text of Rule 19

Text sizeJump to: (A) (B) (C) (D)

(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 accorded among those 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 already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest, or (3) he has an interest relating to the subject of the action as an assignor, assignee, subrogor, or subrogee. If he has not been so joined, the court shall order that he be made a party upon timely assertion of the defense of failure to join a party as provided in Rule 12(B)(7). If the defense is not timely asserted, waiver is applicable as provided in Rule 12(G) and (H). 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. In the event that such joinder causes the relief sought to exceed the jurisdiction of the court, the court shall certify the proceedings in the action to the court of common pleas.

(B) Determination by court whenever joinder not feasible

If a person as described in subdivision (A)(1), (2), or (3) hereof 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: first, to what extent a judgment rendered in the person's absence might be prejudicial to him 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.

A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivision (A)(1), (2), or (3) hereof who are not joined, and the reasons why they are not joined.

(D) Exception of class actions

This rule is subject to the provisions of Rule 23.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) requires joinder of anyone subject to service of process whose absence would leave complete relief unavailable among the existing parties, whose own interest in the subject matter could be practically impaired or who would leave existing parties at risk of double or inconsistent obligations, or who has an interest as an assignor, assignee, subrogor, or subrogee. If that person is not joined, the court must order it done once a party timely raises the defense of failure to join; if the missing person should be a plaintiff but will not join voluntarily, the court may make that person a defendant or, in a proper case, an involuntary plaintiff. If joining that person would push the relief sought beyond the court's jurisdiction, the court must certify the case to the court of common pleas.

Division (B) governs what happens when the person needed for just adjudication cannot be joined — typically because the person cannot be served. The court must then weigh, in equity and good conscience, whether to proceed without that person or dismiss the action, considering how prejudicial a judgment might be to the absent person or those already in the case, whether that prejudice can be lessened through the shape of the relief, whether an adequate judgment can still be rendered, and whether the plaintiff would have any adequate remedy if the case were dismissed.

Division (C) requires a party asserting a claim to name, if known, anyone described in division (A) who has not been joined and to explain why. Division (D) makes clear this rule gives way to Rule 23's separate provisions governing class actions.

Frequently Asked Questions

Who has to be joined as a party under Rule 19?

Anyone subject to service of process whose absence would prevent complete relief among the current parties, whose own interest could be practically harmed by proceeding without them, who would leave existing parties at risk of inconsistent obligations, or who holds an assignor, assignee, subrogor, or subrogee interest in the claim.

What happens if a person needed for just adjudication cannot be served?

The court decides, under Rule 19(B), whether in equity and good conscience the case should proceed without that person or be dismissed, weighing the prejudice to the absent person, whether that prejudice can be reduced, whether a workable judgment is still possible, and whether the plaintiff has another remedy.

Does failing to join a required party always mean the case gets dismissed?

No. If the person can be joined, the court orders that instead of dismissing the case. Dismissal is reserved for the rarer situation where the missing person cannot be joined and the court finds, weighing the Rule 19(B) factors, that the case cannot proceed without unfairness to them.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 19). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: joinder needed for just adjudicationindispensable partynecessary partyinvoluntary plaintiff