Oklahoma § 12-2019

§ 12-2019.

Joinder of persons needed for just adjudication.

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 in the action if:

1. In his absence complete relief cannot be accorded among

those 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:

a.

as a practical matter, impair or impede his ability to

protect that interest, or

b.

leave any of the persons 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.

B. DETERMINATION BY COURT WHENEVER JOINDER NOT FEASIBLE. If a

person as described in paragraphs 1 and 2 of subsection A of this

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:

Oklahoma Statutes - Title 12. Civil Procedure

1. To what extent a judgment rendered in the person's absence

might be prejudicial to him or those already parties;

2. 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;

3. Whether a judgment rendered in the person's absence will be

adequate; and

4. Whether the plaintiff will have an adequate remedy if the

action is dismissed for nonjoinder.

C. 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 section who are not joined and the reasons why they are not

joined.

D. EXCEPTION OF CLASS ACTIONS. This section is subject to the

provisions of Section 23 of this act.

Added by Laws 1984, c. 164, § 19, eff. Nov. 1, 1984.