RULE 2-211. REQUIRED JOINDER OF PARTIES
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 2-211
RULE 2-211. REQUIRED JOINDER OF PARTIES
(2) disposition of the action may impair or impede the person's ability to protect a claimed interest relating to the subject of the action or may leave persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations by reason of the person's claimed interest.
The court shall order that the person be made a party if not joined as required by this section. If the person should join as a plaintiff but refuses to do so, the person shall be made either a defendant or, in a proper case, an involuntary plaintiff.
(c) Effect of Inability to Join. If a person meeting the criteria of (1) or (2) of section (a) of this Rule cannot be made a party, the court shall determine whether the action should proceed among the parties before it or whether the action should be dismissed. Factors to be considered by the court include: to what extent a judgment rendered in the person's absence might be prejudicial to that person or those already parties; to what extent the prejudice can be lessened or avoided by protective provisions in the judgment or other measures; whether a judgment rendered in the person's absence will be adequate; and finally, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
Source: This Rule is derived as follows:
Section (a) is derived from the 1966 version of Fed. R. Civ. P. 19 (a).
Section (b) is derived from the 1966 version of Fed. R. Civ. P. 19 (c).
Section (c) is derived from the 1966 version of Fed. R. Civ. P. 19 (b).
Section (d) is derived from the 1966 version of Fed. R. Civ. P. 19 (d).
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.]
MD Rules, Rule 2-211, MD R RCP CIR CT Rule 2-211
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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