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See also Equity Rule 42 (Joint and Several Demands). Laws (1933) §3392 (containing in same sentence a “class suit” provision). Such compulsory joinder provisions are common. The first sentence with verbal differences (e.g., “united” interest for “joint” interest) is to be found in Equity Rule 37 (Parties Generally-Intervention). Notes of Advisory Committee on Rules-1937 (2) the reasons for not joining that person. (1) the name, if known, of any person who is required to be joined if feasible but is not joined and When asserting a claim for relief, a party must state: (4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder. (3) whether a judgment rendered in the person's absence would be adequate and (A) protective provisions in the judgment (2) the extent to which any prejudice could be lessened or avoided by: (1) the extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties The factors for the court to consider include: 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. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.
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A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.
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If a person has not been joined as required, the court must order that the person be made a party. (ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest. (i) as a practical matter impair or impede the person's ability to protect the interest 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: (A) in that person's absence, the court cannot accord complete relief among existing parties or 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) Persons Required to Be Joined if Feasible.