Necessary Parties

Card Set Information

Author:
letzgostate
ID:
29156
Filename:
Necessary Parties
Updated:
2010-08-06 16:51:24
Tags:
CivPro civil procedure civpro2
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Description:
Necessary/Non-Party Analysis
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  1. Necessary Party Analysis Components
    • 1. Necessary Party
    • 2. Feasibility of Joinder
    • 3. Indispensability
    • 4. Is party necessary?
    • 5. Is joinder feasible?
  2. Necessary Party Elements
    • A non-party is necessary if:
    • 1. Can't grant complete relief to existing parties without NP
    • 2. NP has interest in case and outcome w/o NP may impair/impede ability to protect interest
    • 3. OR, disposition of the case w/o the NP will likely leave existing party(ies) subject to multiple liability or inconsistent obligations.

    Necessary party Must Be Joined - if feasible
  3. Feasibility of Joinder
    • Would joinder of the NP destroy SMJ? Is there PJ over the NP?
    • - Federal Question/Diversity
    • - PJ - Minimal Contacts with forum state/Long arm statutes allowing
  4. Indispensability
    • If joinder is not feasible, next have to look at if party is indispensable.
    • - If party is indispensable --> Case Dismissed
    • - If party not indispensable --> Case continues


    Test for Indispensability

    • 1. How serious are adverse consequences of proceeding w/o NP?
    • 2. Can court minimize adverse consequences?

    • 3. Will judgment w/o NP be adequate or will it leave related claims by or against NP undecided?
    • 4. Is there another forum where suit can be brought and all parties joined?
  5. Final Analysis
    Assuming court finds x to be necessary party, court shouldn't dismiss because joinder feasible.

    • SMJ = Yes
    • PJ = Yes

    Then court must join and not dismiss

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