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Rule 19.02 – Determination by Court Whenever Joinder Not Feasible

May 13, 2021 | Civil Procedure, Minnesota

If a person as described in Rule 19.01 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:

(a) to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties;
(b) 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;
(c) whether a judgment rendered in the person’s absence will be adequate; and
(d) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Minn. R. Civ. P. 19.02