Okla. Stat. tit. 12, § 12-2019
This is the official text of Okla. Stat. tit. 12, § 12-2019, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Joinder of persons needed for just adjudication
Official statutory text
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 Page 417
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.
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 Page 417
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.
Status: in_force · Read it on the official government site
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