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RI · rules

R.I. Dist. Ct. R. Civ. P. 19

Joinder of Persons Needed for Just Adjudication

activein force · 2024-02-01 – presentact-effective-date

(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:

(A) As a practical matter impair or impede the person's ability to protect that

interest; or

(B) Leave any of the persons already parties subject to a substantial risk of

incurring double, multiple, or otherwise inconsistent obligations by reason of the

person's claimed interest.

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 subdivision (a)(1) and (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; and 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) and (2) hereof who are not joined, and the reasons why they are

not joined.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6ad6f0e2085f21323f1d081dac72bd21f07e377dd310212816910bf912cbff21
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