Call Now For a Free Consultation 208-552-0467

Idaho Civil Rule 19: Joinder of Parties During a civil case, it is possible that an attorney will find out that other parties need to be joined to the present case. These situations are governed under Rule 19, which describe when parties MUST be joined into the same case. This is different than Rule 20, which is about when two or more parties CAN be joined together into the same case, but it is not required.

The first circumstance in which a party must be joined in a case is if the court could not give complete relief among the existing parties without the party under consideration being part of the case. The second circumstance in which a party must be joined in a case is if the court orders that person to be a party.

Next, the rule contemplates what happens if a joinder is required, but not feasible. If this is the case, the court has to decide if the case should continue or be dismissed.

Lastly, the rule states that this rule is subject to Rule 77 [Class actions].

Experienced and Trusted Personal Injury Attorneys in Idaho Falls and Pocatello

If you’ve been injured in a car accident due to the negligence of another driver, contact the experienced and trusted personal injury attorneys at Brent Gordon Law in Idaho Falls and Pocatello. We will fight big insurance companies to get you every penny you deserve. Let us help you beat Goliath! Contact our law office today at (208) 552-0467 for a free consultation to discuss your case.

Idaho Civil Rule 19: Joinder of Parties

  1. Persons required to be joined if feasible.
    • Required party.A person who is subject to service of process must be joined as a party in the action if:
      1. in that person’s absence, the court cannot accord complete relief among existing parties; or
      2. 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:
        • as a practical matter impair or impede the person’s ability to protect the interest; or
        • leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.
  • 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.
  1. 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:
    • the extent to which a judgment rendered in the person’s absence might prejudice that person or the existing parties;
    • the extent to which any prejudice could be lessened or avoided by:
      1. protective provisions in the judgment;
      2. shaping the relief; or
      3. other measures;
    • whether a judgment rendered in the person’s absence would be adequate; and
    • whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.
  2. Pleading reasons for nonjoinder. When asserting a claim for relief, a party must state:
    • the name, if known, of any person who is required to be joined if feasible but is not joined; and
    • the reasons for not joining that person.
  3. Exception for class actions. This rule is subject to Rule 77.

 

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation.151 North 3rd, Suite 202A Pocatello, ID 83204 Phone:(208)232-7274

Gordon Law Pocatello

Brent Gordon Law