13:11
lawguy we're nearly stats twins :D
Warning
Info
LSDefine
Simple English definitions for legal terms
necessary party
Read a random definition: capitalization
A quick definition of necessary party:
A necessary party is someone who is directly affected by the outcome of a lawsuit. They must be included in the case unless there is a good reason not to, like if they live in the same state as someone on the other side. If a necessary party can't be included, the case can still go on, but if an indispensable party can't be included, the case has to be dismissed. In some states, necessary and indispensable parties are the same thing.
A more thorough explanation:
A necessary party is a person or group of people who are directly affected by the outcome of a lawsuit. They must be included in the lawsuit unless there is a valid reason for excluding them. This is according to Rule 19 of the Federal Rules of Civil Procedure.
For example, if a person is suing a company for damages, any employees who were involved in the incident may be necessary parties because their interests are directly affected by the outcome of the case.
If a necessary party cannot be joined, the lawsuit may still proceed, but separate actions may need to be brought against them. However, if a party is considered indispensable, the lawsuit cannot proceed without them and may be dismissed if they cannot be properly joined.
It's important to note that in state courts, the terms necessary and indispensable parties may be used interchangeably or not at all, depending on the state's laws.
Overall, a necessary party is someone who has a direct interest in the outcome of a lawsuit and must be included unless there is a valid reason for exclusion.