2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 4 - Parties
§ 9-11-19. Joinder of Persons Needed for Just Adjudication

Universal Citation: GA Code § 9-11-19 (2021)
  1. Persons to be joined if feasible. A person who is subject to service of process shall be joined as a party in the action if:
    1. In his absence complete relief cannot be afforded among those who are already parties; or
    2. He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:
      1. As a practical matter impair or impede his ability to protect that interest; or
      2. Leave any of the persons who are already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.

        If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.

  2. Determination by court whenever joinder not feasible. If a person, as described in paragraphs (1) and (2) of subsection (a) of this Code section, 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 indispensable. The factors to be considered by the court include:
    1. To what extent a judgment rendered in the person's absence might be prejudicial to him or to those already parties;
    2. The extent to which, by protective provisions in the judgment, by the shaping of relief, or by other measures, the prejudice can be lessened or avoided;
    3. Whether a judgment rendered in the person's absence will be adequate;
    4. Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder; and
    5. Whether and by whom prejudice might have been avoided or may, in the future, be avoided.
  3. Pleading reasons for nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons, as described in paragraphs (1) and (2) of subsection (a) of this Code section, who are not joined and the reasons why they are not joined.
  4. Exception of class actions. This Code section shall be subject to Code Section 9-11-23.

(Ga. L. 1966, p. 609, § 19; Ga. L. 1972, p. 689, § 7.)

Law reviews.

- For article discussing counterclaims and cross-claims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967). For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B.J. 577 (1974). For annual survey on trial practice and procedure, see 42 Mercer L. Rev. 469 (1990). For article, "Trial Practice and Procedure," see 53 Mercer L. Rev. 475 (2001). For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003). For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Requests for and Objections to Joinder
  • Indispensability
  • Joinder Warranted

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Injunctions, § 225. 59 Am. Jur. 2d, Parties, § 108 et seq.

C.J.S.

- 35A C.J.S., Federal Civil Procedure, §§ 129 et seq, 212, 213. 67A C.J.S, Parties, §§ 28 et seq., 46 et seq.

ALR.

- Joinder, in one action at law, of persons not jointly liable, one or the other of whom is liable to the plaintiff, 41 A.L.R. 1223.

Joinder of grantees or transferees in different conveyances or transfers in suit to avoid them as in fraud of creditors, 69 A.L.R. 229.

Right of one to notice and hearing motion to add him as a party, or substitute him for an original party, to pending action or proceeding, 69 A.L.R. 1247.

Conflict of laws as to joinder of defendants, or as to the character of liability as joint or several, or joint and several, 77 A.L.R. 1108.

Right of one brought into action as a party by original defendant upon the ground that he is or may be liable to the latter in respect of the matter in suit, to raise or contest issues with plaintiff, 78 A.L.R. 327.

Right of defendant in action for personal injury or death to bring in a joint tort-feasor not made a party by plaintiff, 78 A.L.R. 580; 132 A.L.R. 1424.

May acts of independent tort-feasors, each of which alone causes or tends to produce some damage, be combined to create a joint liability, 91 A.L.R. 759.

Right under or in view of statute to join in tort action at law parties who are severally but not jointly liable to plaintiff, 94 A.L.R. 539.

Right to join master and servant as defendants in action based on wrongful or negligent act of servant, where master's liability rests on doctrine of respondeat superior, 98 A.L.R. 1057; 59 A.L.R.2d 1066.

Principal as necessary or proper party to suit between cosureties or coguarantors for contribution, 99 A.L.R. 640.

Pendency of representative or class suit as ground of abatement of subsequent action by member of class represented, 101 A.L.R. 574.

Concerted action or agreement to resist enforcement of a statute because of doubt as to its constitutionality or construction as ground for joinder of defendants in action or suit by governmental authorities, 107 A.L.R. 670.

Joinder of manufacturer or packer and retailer or other middleman as defendants in action for injury to person or damage to property of purchaser or consumer of defective article, 119 A.L.R. 1356.

Intervention or subsequent joinder of parties as affecting jurisdiction of federal court based upon diversity of citizenship, 134 A.L.R. 335.

Remaindermen as necessary or proper parties to action or proceeding between life tenant and trustee, 136 A.L.R. 696.

Judgment in favor of tort-feasor's insurer in an action by injured person as res judicata in similar action by another person injured in same accident, 137 A.L.R. 1016.

Right of one to recover for personal injury to himself and for death of another killed in the same accident as giving rise to a single cause of action or to separate causes of action, 161 A.L.R. 208.

Mortgagee or lienholder as a proper or necessary party to suit in respect of contract for sale of mortgaged property, 164 A.L.R. 1044.

Joinder or representation of several claimants in action against carrier or utility to recover overcharge, 1 A.L.R.2d 160.

Joinder as defendants, in tort action based on condition of sidewalk or highway of municipal corporation and abutting property owner or occupant, 15 A.L.R.2d 1293.

Appealability of order with respect to or motion for joinder of additional parties, 16 A.L.R.2d 1023.

Joinder of insurer and insured under policy of compulsory indemnity or liability insurance in action by injured third person, 20 A.L.R.2d 1097.

Corporation as necessary or proper party defendant in proceedings to determine validity of election or officer, 21 A.L.R.2d 1048.

Necessary parties defendant to action to set aside conveyance in fraud of creditors, 24 A.L.R.2d 395.

Right of retailer sued by consumer for breach of implied warranty of wholesomeness or fitness of food or drink, to bring in as a party defendant the wholesaler or manufacturer from whom article was procured, 24 A.L.R.2d 913.

One party to intended sale of land as necessary or indispensable defendant in action by the other party to recover deposit from broker or agent, 33 A.L.R.2d 1090.

Right to join principal debtor and guarantor as parties defendant, 53 A.L.R.2d 522.

Spouse of living co-owner of interest in property as necessary or proper party to partition action, 57 A.L.R.2d 1166.

Right to join master and servant as defendants in tort action based on respondeat superior, 59 A.L.R.2d 1066.

Diversity of citizenship, for purposes of federal jurisdiction, in stockholders' derivative action, 68 A.L.R.2d 824.

Waiver of, by failure to promptly raise, objection to splitting cause of action, 40 A.L.R.3d 108.

Propriety of consideration of, and disposition as to, third persons' property claims in divorce litigation, 63 A.L.R.3d 373.

Propriety of state court class action by holders of bonds against indenture trustee, 73 A.L.R.3d 880.

Necessary or proper parties to suit or proceeding to establish private boundary line, 73 A.L.R.3d 948.

Appealability of state court order granting or denying consolidation, severance, or separate trials, 77 A.L.R.3d 1082.

Venue of wrongful death action, 58 A.L.R.5th 535.

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