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CR 19.02 Determination by court whenever joinder not feasible

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
IV Parties
CR 19. Joinder of Persons Needed for Just Adjudication
Kentucky Rules of Civil Procedure (CR) Rule 19.02
CR 19.02 Determination by court whenever joinder not feasible
If a person as described in Rule 19.01 cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensible. The factors to be considered by the court include: (a) to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; (b) 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; (c) whether a judgment rendered in the person's absence will be adequate; (d) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Credits

HISTORY: Amended eff. 1-1-78; prior amendment eff. 7-1-69; adopted eff. 7-1-53
Rules Civ. Proc., Rule 19.02, KY ST RCP Rule 19.02
Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.
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