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Rule 19.02 – Determination by Court Whenever Joinder Not Feasible

May 14, 2021 | Civil Procedure, Tennessee

If a person as described in Rule 19.01 (1) – (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 stayed or dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:

(1) to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties;
(2) 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;
(3) whether or not a judgment rendered in the person’s absence will be adequate; and
(4) whether or not the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Tenn. R. Civ. P. 19.02