By

Nevada Rules of Civil Procedure

Rule 19. Required Joinder of Parties

(a)      Persons Required to Be Joined if Feasible.

(1)     Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:

(A)   in that person’s absence, the court cannot accord complete relief among existing parties; or

(B)    that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:

(i)   as a practical matter impair or impede the person’s ability to protect the interest; or

(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

(2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.

(b)      When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:

(1)    the extent to which a judgment rendered in the person’s absence might prejudice that person or the existing parties;

(2)     the extent to which any prejudice could be lessened or avoided by:

(A)      protective provisions in the judgment;

(B)      shaping the relief; or

(C)      other measures;

(3)     whether a judgment rendered in the person’s absence would be adequate; and

(4)    whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.

(c)     Pleading the Reasons for Nonjoinder. When asserting a claim for relief, a party must state:

(1)    the name, if known, of any person who is required to be joined if feasible but is not joined; and

(2)      the reasons for not joining that person.

(d) Exception for Class Actions. This rule is subject to Rule 23.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 19 to FRCP 19. Persons joined in an action in Nevada retain any rights they may have to move to change the venue under NRS Chapter 13 or to move to dismiss under forum non conveniens.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.