4:28-1. Joinder of Persons Needed for Just Adjudication
(a) Persons to Be Joined if Feasible. A person who is subject to service of process shall be joined as a party to the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest in the subject of the action and is so situated that the disposition of the action in the person's absence may either (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or other inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant.
(b) Disposition by Court if Joinder Not Feasible. If a person should be joined pursuant to R. 4:28-1(a) but cannot be served with process, the court shall determine whether it is appropriate for the action to 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: first, the extent to which a judgment rendered in the person's absence might be prejudicial to that person or those already parties; second, 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; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
(c) Pleading as to Non-joinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons described in R. 4:28-1(a) who are not joined and the reason why they are omitted.
(d) Party Refusing to Join as Plaintiff. If a party who should be a plaintiff is joined in the complaint as a defendant, it shall state the reason therefor.
(e) Applicability; Exceptions. This rule is applicable to the personal representatives of a deceased person described by R. 4:28-1(a). This rule is, furthermore, subject to the provisions of R. 4:32 (class actions).
Note: Source-R.R. 4:32-1, 4:32-3, 4:32-4, 4:32-5; paragraphs (a) and (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (e) amended July 10, 1998 to be effective September 1, 1998.
