MBE Rules · Civil Procedure
Required (necessary & indispensable) parties
FRCP 19
The rule
A party is required if (a) complete relief impossible without them, (b) their absence impairs their ability to protect an interest, OR (c) absence exposes existing parties to risk of inconsistent obligations. If joinder destroys SMJ, court considers prejudice and may dismiss as indispensable.
In plain English
Some people must be part of a lawsuit because their interests are so tied to the case that it can't be fairly resolved without them.
Worked example
In a property dispute, if the land's co-owner isn't part of the lawsuit, the court might dismiss the case because the co-owner's rights would be affected by any decision.
Memory hook
Who's Missing Matters Most: Without them, no relief, interest impaired, or risks arise. Indispensable if SMJ breaks.
The trap
Students think: Any absent party is indispensable. Wrong, because only if their absence meets specific criteria (FRCP 19(a)). The actual test is whether their absence fits the rule's conditions and if joinder destroys SMJ.
How examiners test it
The MBE loves: missing party affects case outcome and joinder destroys diversity. Trap: assuming court must dismiss. It's a balancing act—court considers prejudice and alternatives first.
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