RI · rules
R.I. Super. Ct. 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:
(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.
(d) Exception of Class Actions. This rule is subject to the provisions of Rule 23.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f610653983fa8e5b0bfbac720e2e7fa659ccf52ce6e739d9044ccb0ae16c7e30
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