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An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable.
However, while "necessary" parties must be joined if that joinder is possible, the litigation will continue without them if joinder is impossible, for example if the court does not have jurisdiction over the party. In contrast, if "indispensable" parties cannot be joined, the litigation cannot go forward. Courts have some discretion in ...
When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust. In the United States, Rule 17 of the Federal Rules of Civil Procedure expressly provides that trustees are the real party in interest when it is necessary to sue on behalf of the estate. A beneficiary may sue under these circumstances only when ...
As a result of the four factor analysis, the Court ruled that Dutcher was a necessary party but not an indispensable party. The difference between the two is that a suit may proceed without the former but cannot proceed without the latter. The Supreme Court also noted that the district court had misinterpreted Shields v.
The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any cross-claim under Rule 13(g). Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
What Is a Nesting Party? A nesting party is a low-key social event—typically a small gathering—that is meant to celebrate parents-to-be and help them prepare to welcome a new baby into their home.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case.
A potential party (called the applicant) has the right to intervene in a case either (1) when a federal statute explicitly confers upon the applicant an unconditional right to intervene or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the lawsuit. In the second situation, in order to ...