How to Join an Indispensable Party to a Case
Find the relevant rules of civil procedure., Analyze whether the party is necessary., Analyze whether you can add the party., Perform legal research., Find helpful court opinions., Meet with a lawyer., Get a copy of local rules., Read your local...
Step-by-Step Guide
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Step 1: Find the relevant rules of civil procedure.
The federal government, as well as each state, has rules of civil procedure which determine if a party can be joined to a lawsuit.
You should find your relevant rules.
If you are in federal court, then you will need Rule 19 of the federal Rules of Civil Procedure.In state court, the rule might differ, depending on your state.
However, many states have modeled their state rule on the federal rule.
You should find your state rule and read it. -
Step 2: Analyze whether the party is necessary.
The applicable rule should lay out situations where a party is considered “necessary” to the lawsuit.
Generally, a party is necessary where the court cannot justly resolve the dispute without the party’s presence.
According to federal Rule 19, a party is necessary where:
The court cannot give complete relief to the existing parties to the lawsuit.
The absent party has an interest relating to the subject matter of the lawsuit and their absence could, as a practical matter, impair or impede their ability to protect that interest.
The absent party has an interest in the subject matter of the lawsuit, and their absence could expose you to inconsistent or multiple obligations. , You might not be able to add the party, in which case you will have to proceed without them.
For example, you can’t add the party in the following situations:
Add the party would defeat “diversity jurisdiction.” In order to qualify for diversity jurisdiction, there has to be complete diversity, i.e., you and the other party are from different states.
However, adding the absent party might defeat complete diversity.
For example, you may be from Michigan and the defendant is from Maine.
If you want to add a defendant who is also from Michigan, then diversity jurisdiction is defeated and the federal court can’t hear your case.
The absent party doesn’t have sufficient “minimum contacts.” For example, if you sue in Michigan, then the Michigan court can only exert power (“jurisdiction”) over the absent party if the party has some meaningful relationship to the state, such as doing business in the state or visiting the state often.The venue would be improper.
A venue is improper if the defendant doesn’t have sufficient relationship to the judicial district or county where you have brought your lawsuit.
Where venue would be improper, you can’t add the absent party to the lawsuit. , You will need to reference court opinions in your motion, so you should become familiar with doing legal research.
You should find court opinions for the circuit court where you are appearing.
For example, if your case is heard in a California federal court, then you will want opinions from the Ninth Circuit Court of Appeals, as well as from the Supreme Court.
You can do legal research at a law library.
Your library might be in your nearest courthouse or at a nearby law school.
You can also do basic research on Google.
Go to Google Scholar and click on “Case law.”Then click on “Select Courts.” Pick the state or federal courts you want to research.
Once you have selected the courts, you can search for “Rule 19 joinder” in the search box. , Read through the court opinions online.
If any court opinion looks helpful to your argument, then print it off.
You will want to refer to it in the motion you file.
A helpful opinion is an opinion that:
Is factually similar to yours.
Say you made a contract with two parties, one of whom is suing you.
You want to join the other party you made a contract with as an indispensable party.
Look for cases involving contracts and joinder.
The court agreed that the party should be joined. , Before filing your motion to join an absent party, you might want to meet with a lawyer to get advice.
The lawyer can help you identify whether the absent party qualifies as necessary.
The lawyer can also help you analyze whether the court has jurisdiction over the absent party.
You can get a referral to a lawyer by contacting your local or state bar association.Once you have the name of someone, call to schedule a consultation.
You should ask what the lawyer charges for consultations. , Many judges have a set of rules that they want you to follow when drafting and filing a motion.You should get a copy of your judge’s rules.
These are often posted on the court’s website, or you can contact the judge’s chambers for a copy.
In some courts, local rules require that you have a conference before you can even file a motion.
Make sure to abide by all relevant local rules. , Courts differ as to how you prepare a motion.
In federal courts, for example, you should create a “Notice of Motion” and then include your argument in a separate “Memorandum of Points and Authorities in Support of Motion.”However, in many state courts, you simply create one document.
Your local rules might contain a sample you should follow. , You should insert the caption: the name of the court, the names of the parties, the case number, and the judge.
You can pull this information from any document filed in your case.Also title the motion “Motion to Join Indispensable Parties.” In some states, you need to insert “Oral Argument Requested” if you are requesting a hearing to argue the motion. , In the introduction, briefly summarize what the motion is and why you are bringing it.
Identify yourself and the rule that allows you to join indispensable parties., In the argument, you go into greater detail about why joinder is proper.
Be sure to mention the relevant rule and quote from the language.
Also refer to court cases that help show joinder is appropriate.For example, a typical argument might read: “Joinder is necessary for complete relief.
On its face, Rule 19(a) identifies a required party as one that ‘claims an interest relating to the subject of the action’ whose absence may ‘leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.’ Here, Acme Holdings was a co-obligee on the contract with Apex Corp.
If Acme is not joined, then Defendant faces the risk of multiple lawsuits on the contract and potential double liability.
See Acton Co. v.
Bachman Foods, Inc., 668 F.2d 76 (1st Cir. 1982).” If you need help properly citing legal authority, then read Cite Legal Research. , Briefly repeat that you request that the court join the absent party to the lawsuit pursuant to the relevant rule of civil procedure., Underneath the conclusion, add “Respectfully submitted” and then your signature.
Underneath the signature, be sure to add your name, address, phone number, and email address., You have to give the absent party notice that you have filed the motion to join them to the lawsuit.
You can type up the certificate of service on a separate sheet of paper and add it to the motion.
A sample certificate might read: “I hereby certify that a true copy of the foregoing Motion to Join an Indispensable Party was served on via upon the following: .” Then insert your signature at the end., In federal court, judges generally want you to include a proposed order along with the motion.Your local rules might contain more information about proposed orders.
A properly titled order might read, “Order to Join as an Indispensable Party.” Then you would state the date the motion was heard and that the judge granted the motion.
For example, an order should have the caption information at the top and be titled “Order Granting Defendant’s Motion to Add as an Indispensable Party Pursuant to Rule
19.” In the text, you could write: “Having considered Defendant’s Motion and finding good cause thereof, IT IS HEREBY ORDERED that Defendant’s Motion to Add an Indispensable Party Pursuant to Rule 19 is GRANTED.”, Make several copies of your motion.
Take the original and file it with the court clerk.
In federal court, you might file electronically or you could file a paper copy in person., Each court schedules hearing dates a little differently.
In some courts, you can go online and schedule a hearing.
In other courts, you will get a hearing date from the court clerk.
You should ask the clerk for how to schedule a hearing.
You should check the local rules, as these often determine the timing of motions and hearings., The other party to your lawsuit might file a motion opposing your attempt to add the absent party.
Also, the absent party could file a motion resisting joinder.
Make sure to read all of the motions in opposition.
Common arguments made for opposing a party joining are:
The party doesn’t have an interest in the case.
The court doesn’t have personal jurisdiction over the absent party. , You might have the option of replying to a motion in opposition.
It will be set up like your initial motion: caption, introduction, argument, conclusion.
It should be very short.
Remember not to introduce new arguments.
Instead, respond only to the arguments made by the other side.You should briefly explain any mistake the other side made in its arguments.
For example, it might have misread a court opinion or summarized your argument improperly.
You can set the record straight in the reply motion.
You must file the reply motion and provide notice as well. , You should read all of the motions filed on this issue.
Also read the relevant cases.
Then you should come up with a list of points you want to make during oral argument, in bullet point form.
Hit the highlights.
For example, briefly explain how the absent party satisfies the Rule 19 standard.
Counter any points made by the other side as to why joinder would be improper.
If you want, you can sit in on court during a day when the judge is holding motion practice.
This will give you a good idea of how much time you will have to make arguments and the kinds of questions the judge asks the different parties., As the person bringing the motion, you will go first.
Be sure to speak loudly and address the judge as “Your Honor.”Don’t read from notes.
You should be familiar enough with your argument to only need a bullet point to jog your memory as to what to say.
Remember to get to the point.
For example, the other party might agree that it is a necessary party but only argue that it doesn’t have sufficient “minimum contacts” with the forum state.
In this situation, focus the bulk of your comments on the disputed issue. -
Step 3: Analyze whether you can add the party.
-
Step 4: Perform legal research.
-
Step 5: Find helpful court opinions.
-
Step 6: Meet with a lawyer.
-
Step 7: Get a copy of local rules.
-
Step 8: Read your local rules.
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Step 9: Format your motion.
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Step 10: Insert an introduction.
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Step 11: Make your argument.
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Step 12: Add a conclusion.
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Step 13: Sign the motion.
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Step 14: Add a certificate of service.
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Step 15: Draft a proposed order.
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Step 16: File your motion.
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Step 17: Schedule your hearing date.
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Step 18: Read any motion in opposition.
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Step 19: Draft a reply.
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Step 20: Prepare for the hearing.
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Step 21: Make your argument.
Detailed Guide
The federal government, as well as each state, has rules of civil procedure which determine if a party can be joined to a lawsuit.
You should find your relevant rules.
If you are in federal court, then you will need Rule 19 of the federal Rules of Civil Procedure.In state court, the rule might differ, depending on your state.
However, many states have modeled their state rule on the federal rule.
You should find your state rule and read it.
The applicable rule should lay out situations where a party is considered “necessary” to the lawsuit.
Generally, a party is necessary where the court cannot justly resolve the dispute without the party’s presence.
According to federal Rule 19, a party is necessary where:
The court cannot give complete relief to the existing parties to the lawsuit.
The absent party has an interest relating to the subject matter of the lawsuit and their absence could, as a practical matter, impair or impede their ability to protect that interest.
The absent party has an interest in the subject matter of the lawsuit, and their absence could expose you to inconsistent or multiple obligations. , You might not be able to add the party, in which case you will have to proceed without them.
For example, you can’t add the party in the following situations:
Add the party would defeat “diversity jurisdiction.” In order to qualify for diversity jurisdiction, there has to be complete diversity, i.e., you and the other party are from different states.
However, adding the absent party might defeat complete diversity.
For example, you may be from Michigan and the defendant is from Maine.
If you want to add a defendant who is also from Michigan, then diversity jurisdiction is defeated and the federal court can’t hear your case.
The absent party doesn’t have sufficient “minimum contacts.” For example, if you sue in Michigan, then the Michigan court can only exert power (“jurisdiction”) over the absent party if the party has some meaningful relationship to the state, such as doing business in the state or visiting the state often.The venue would be improper.
A venue is improper if the defendant doesn’t have sufficient relationship to the judicial district or county where you have brought your lawsuit.
Where venue would be improper, you can’t add the absent party to the lawsuit. , You will need to reference court opinions in your motion, so you should become familiar with doing legal research.
You should find court opinions for the circuit court where you are appearing.
For example, if your case is heard in a California federal court, then you will want opinions from the Ninth Circuit Court of Appeals, as well as from the Supreme Court.
You can do legal research at a law library.
Your library might be in your nearest courthouse or at a nearby law school.
You can also do basic research on Google.
Go to Google Scholar and click on “Case law.”Then click on “Select Courts.” Pick the state or federal courts you want to research.
Once you have selected the courts, you can search for “Rule 19 joinder” in the search box. , Read through the court opinions online.
If any court opinion looks helpful to your argument, then print it off.
You will want to refer to it in the motion you file.
A helpful opinion is an opinion that:
Is factually similar to yours.
Say you made a contract with two parties, one of whom is suing you.
You want to join the other party you made a contract with as an indispensable party.
Look for cases involving contracts and joinder.
The court agreed that the party should be joined. , Before filing your motion to join an absent party, you might want to meet with a lawyer to get advice.
The lawyer can help you identify whether the absent party qualifies as necessary.
The lawyer can also help you analyze whether the court has jurisdiction over the absent party.
You can get a referral to a lawyer by contacting your local or state bar association.Once you have the name of someone, call to schedule a consultation.
You should ask what the lawyer charges for consultations. , Many judges have a set of rules that they want you to follow when drafting and filing a motion.You should get a copy of your judge’s rules.
These are often posted on the court’s website, or you can contact the judge’s chambers for a copy.
In some courts, local rules require that you have a conference before you can even file a motion.
Make sure to abide by all relevant local rules. , Courts differ as to how you prepare a motion.
In federal courts, for example, you should create a “Notice of Motion” and then include your argument in a separate “Memorandum of Points and Authorities in Support of Motion.”However, in many state courts, you simply create one document.
Your local rules might contain a sample you should follow. , You should insert the caption: the name of the court, the names of the parties, the case number, and the judge.
You can pull this information from any document filed in your case.Also title the motion “Motion to Join Indispensable Parties.” In some states, you need to insert “Oral Argument Requested” if you are requesting a hearing to argue the motion. , In the introduction, briefly summarize what the motion is and why you are bringing it.
Identify yourself and the rule that allows you to join indispensable parties., In the argument, you go into greater detail about why joinder is proper.
Be sure to mention the relevant rule and quote from the language.
Also refer to court cases that help show joinder is appropriate.For example, a typical argument might read: “Joinder is necessary for complete relief.
On its face, Rule 19(a) identifies a required party as one that ‘claims an interest relating to the subject of the action’ whose absence may ‘leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.’ Here, Acme Holdings was a co-obligee on the contract with Apex Corp.
If Acme is not joined, then Defendant faces the risk of multiple lawsuits on the contract and potential double liability.
See Acton Co. v.
Bachman Foods, Inc., 668 F.2d 76 (1st Cir. 1982).” If you need help properly citing legal authority, then read Cite Legal Research. , Briefly repeat that you request that the court join the absent party to the lawsuit pursuant to the relevant rule of civil procedure., Underneath the conclusion, add “Respectfully submitted” and then your signature.
Underneath the signature, be sure to add your name, address, phone number, and email address., You have to give the absent party notice that you have filed the motion to join them to the lawsuit.
You can type up the certificate of service on a separate sheet of paper and add it to the motion.
A sample certificate might read: “I hereby certify that a true copy of the foregoing Motion to Join an Indispensable Party was served on via upon the following: .” Then insert your signature at the end., In federal court, judges generally want you to include a proposed order along with the motion.Your local rules might contain more information about proposed orders.
A properly titled order might read, “Order to Join as an Indispensable Party.” Then you would state the date the motion was heard and that the judge granted the motion.
For example, an order should have the caption information at the top and be titled “Order Granting Defendant’s Motion to Add as an Indispensable Party Pursuant to Rule
19.” In the text, you could write: “Having considered Defendant’s Motion and finding good cause thereof, IT IS HEREBY ORDERED that Defendant’s Motion to Add an Indispensable Party Pursuant to Rule 19 is GRANTED.”, Make several copies of your motion.
Take the original and file it with the court clerk.
In federal court, you might file electronically or you could file a paper copy in person., Each court schedules hearing dates a little differently.
In some courts, you can go online and schedule a hearing.
In other courts, you will get a hearing date from the court clerk.
You should ask the clerk for how to schedule a hearing.
You should check the local rules, as these often determine the timing of motions and hearings., The other party to your lawsuit might file a motion opposing your attempt to add the absent party.
Also, the absent party could file a motion resisting joinder.
Make sure to read all of the motions in opposition.
Common arguments made for opposing a party joining are:
The party doesn’t have an interest in the case.
The court doesn’t have personal jurisdiction over the absent party. , You might have the option of replying to a motion in opposition.
It will be set up like your initial motion: caption, introduction, argument, conclusion.
It should be very short.
Remember not to introduce new arguments.
Instead, respond only to the arguments made by the other side.You should briefly explain any mistake the other side made in its arguments.
For example, it might have misread a court opinion or summarized your argument improperly.
You can set the record straight in the reply motion.
You must file the reply motion and provide notice as well. , You should read all of the motions filed on this issue.
Also read the relevant cases.
Then you should come up with a list of points you want to make during oral argument, in bullet point form.
Hit the highlights.
For example, briefly explain how the absent party satisfies the Rule 19 standard.
Counter any points made by the other side as to why joinder would be improper.
If you want, you can sit in on court during a day when the judge is holding motion practice.
This will give you a good idea of how much time you will have to make arguments and the kinds of questions the judge asks the different parties., As the person bringing the motion, you will go first.
Be sure to speak loudly and address the judge as “Your Honor.”Don’t read from notes.
You should be familiar enough with your argument to only need a bullet point to jog your memory as to what to say.
Remember to get to the point.
For example, the other party might agree that it is a necessary party but only argue that it doesn’t have sufficient “minimum contacts” with the forum state.
In this situation, focus the bulk of your comments on the disputed issue.
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