AK · rules

Alaska R. Civ. P. 19

Joinder of Persons Needed for Just Adjudication

activein force · 1994-07-15 – presentact-effective-date

(a) Persons to Be Joined if Feasible. A person who is

subject to service of process and whose joinder will not

deprive the court of jurisdiction over the subject matter of the

action shall be joined as a party in the action if (1) in the

person’s absence complete relief cannot be accorded among

those already parties, or (2) the person claims an interest

relating to the subject of the action and is so situated that the

disposition of the action in the person’s absence may (i) as a

practical matter impair or impede the person’s ability to protect

that interest or (ii) leave any of the persons already parties

subject to a substantial risk of incurring double, multiple, or

otherwise inconsistent obligations by reason of the claimed

interest. If the person has not been joined, the court shall order

that the person be made a party. If the person should join as a

plaintiff but refuses to do so, the person may be made a

defendant, or, in a proper case, an involuntary plaintiff. If the

joined party objects to venue and joinder of that party would

render the venue of the action improper, that party shall be

dismissed from the action.

(b) Determination by Court Whenever Joinder Not

Feasible. If a person as described in subsection (a)(1)–(2)

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 the person 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.

asserting a claim for relief shall state the names, if known to

the pleader, of any persons as described in subdivision (a) (1)–

(2) 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.

History

(Adopted by SCO 5 October 9, 1959; rescinded and promulgated by SCO 258 effective November 15, 1976; amended by SCO 1153 effective July 15, 1994) Note: AS 10.06.015(a)(1), as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 19 by making parties to a contract covered by AS 10.06.015(a)(1), indispensable parties to an action under AS 10.06.015(a)(1). AS 10.06.378(c) as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 19 by allowing a shareholder sued under the section to join certain parties in a lawsuit against the shareholder without using the criteria of Civil Rule 19. AS 10.06.463, as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 19 by requiring that a corporation be made a party to an action to remove a director of the corporation. AS 10.06.580(b), as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 19 by making qualified dissenting shareholders indispensable parties to an action covered by AS 10.06.580.

Provenance

Source: courts.alaska.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 4f54c170e7a4f9a8c0b79acfb594205f59239dbd006911f3b835add86724c77c

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