State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_19

Rule 19. Necessary joinder ofparties.

(a)        Necessary joinder.– Subject to the provisions of Rule 23, those who are united in interest mustbe joined as plaintiffs or defendants; but if the consent of anyone who shouldhave been joined as plaintiff cannot be obtained he may be made a defendant,the reason therefor being stated in the complaint; provided, however, in allcases of joint contracts, a claim may be asserted against all or any number ofthe persons making such contracts.

(b)        Joinder of partiesnot united in interest. – The court may determine any claim before it when itcan do so without prejudice to the rights of any party or to the rights ofothers not before the court; but when a complete determination of such claimcannot be made  without the presence of other parties, the court shall ordersuch other parties summoned to appear in the action.

(c)        Joinder of partiesnot united in interest – Names of omitted persons and reasons for nonjoinder tobe pleaded. – In any pleading in which relief is asked, the pleader shall setforth the names, if known to him, of persons who ought to be parties ifcomplete relief is to be accorded between those already parties, but who arenot joined, and shall state why they are omitted. (1967, c. 954, s. 1.)