Necessary Parties

• 1. Necessary Party
• 2. Feasibility of Joinder
• 3. Indispensability
• 4. Is party necessary?
• 5. Is joinder feasible?

• 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

• 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

• 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?

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