ME · rules
M.R. Civ. P. 19
JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
(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 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 so 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.
(b) Determination by Court Whenever Joinder Not Feasible. If a person
as described in subdivision (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.
(c) Pleading Reasons 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) 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.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8dce06a7060e9d68c67e854503e7ee31014c8270301ec51fe8362570144307d1
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