Va. Sup. Ct. R. 3:12

(a) Persons to Be Joined if Feasible. — A person who is subject to service of

process may 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 of the person to be joined. If such a 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.

(b) Method of Joinder. — A motion to join an additional party may, subject to

the provisions of Rule 1:9, be filed with the clerk within 21 days after service of the

complaint and must be served on the party sought to be joined who is thereafter subject to

all provisions of these Rules, except the provisions requiring payment of writ tax and

clerk's fees.

(c) Determination by Court Whenever Joinder Not Feasible. — If a person as

described in subdivision (a) hereof cannot be made a party, the court must 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 absent 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.

(d) Pleading Reasons for Nonjoinder. — A pleading asserting a claim for relief must

state the names, if known to the pleader, of any persons as described in subdivision (a)

hereof who are not joined, and the reasons why they are not joined.