TITLE FOUR — PARTIES; JOINDER OF CLAIMS AND REMEDIES; CLASS ACTIONS
Rule 17.1. Required and Permissive Joinder of Parties
Persons Required to Be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction shall be joined as a party if:
in that person’s absence the court cannot accord complete relief among the existing parties; or
that person claims an interest relating to the subject of the action and is so situated that disposing of the action in that person’s absence may, as a practical matter, impair or impede that person’s ability to protect the interest, or may 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 shall 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.
Venue. If a joined party objects to venue and the joinder would make venue improper under 7 R. Stat. §§ 131.001 through 131.003 and Rule 55.1, the court shall dismiss that party.
When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court shall 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 protective provisions in the judgment, by shaping the relief, or by 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.
Pleading the Reasons for Nonjoinder. When asserting a claim for relief, a party shall state the username, 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.
Permissive Joinder of Plaintiffs. Persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all plaintiffs will arise in the action.
Permissive Joinder of Defendants. Persons may be joined in one action as defendants if any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action.
Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights and against one or more defendants according to their liabilities.
Protective Measures. The court may issue orders, including an order for separate trials under Rule 29, to protect a party against embarrassment, delay, expense, or other prejudice arising from the inclusion of a person against whom that party asserts no claim and who asserts no claim against that party.
How a Party Is Joined.
Who May Effect the Joinder. A new party may be entered upon a case only by the Clerk, a judge, a court administrator, or an attorney in good standing before the Ridgeway State Bar. A self-represented party may not add a party. A self-represented party who seeks joinder under this rule shall move under Rule 7.1, and upon granting the motion the court shall direct the Clerk to enter the person upon the docket.
Summons and Service. Upon the entry of a person newly joined as a defendant or as an involuntary plaintiff, the Clerk shall issue a summons, which shall be served with the pleading asserting the claim in the manner prescribed by Rule 4 and by 7 R. Stat. §§ 131.101 through 131.106. A person joined as a plaintiff who consents to the joinder need not be served.
Failure to Serve. If a person joined as a defendant is not served within the period allowed by Rule 4, and good cause is not shown, the court shall dismiss the action as to that person without prejudice.
Placeholder Entry. Where a person to be joined holds no account in the electronic filing system, the Clerk shall enter that person upon the docket as a placeholder party bearing the username stated in the pleading or motion.
Effect Upon the Pre-Trial Period. Joinder under this rule does not of itself enlarge the pre-trial period prescribed by Rule 6. Where joinder cannot fairly be accommodated within the remaining period, the court shall enlarge that period under Rule 6 or shall proceed under Rule 17.2(2).