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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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Comment: Rule 18 (a) and (b) have been modified slightly in order to ease<br />

comprehension.<br />

Rule 19. Joinder <strong>of</strong> Persons Needed for Just Adjudication.<br />

(a) Persons to be Joined if Feasible. A person who is subject to service <strong>of</strong> process<br />

and whose joinder will not deprive <strong>the</strong> court <strong>of</strong> jurisdiction over <strong>the</strong> subject matter <strong>of</strong> <strong>the</strong><br />

action shall be joined as a party in <strong>the</strong> action if (1) in his absence complete relief cannot<br />

be accorded among those already parties, or (2) he claims an interest relating to <strong>the</strong><br />

subject <strong>of</strong> <strong>the</strong> action and is so situated that <strong>the</strong> disposition <strong>of</strong> <strong>the</strong> action in his absence<br />

may (A) as a practical matter impair or impede his ability to protect that interest or (B)<br />

leave any <strong>of</strong> <strong>the</strong> persons already parties subject to a substantial risk <strong>of</strong> incurring double,<br />

multiple, or o<strong>the</strong>rwise inconsistent obligations by reason <strong>of</strong> his claimed interest. If he has<br />

not been so joined, <strong>the</strong> court shall order that he be made a party. If he should join as a<br />

plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an<br />

involuntary plaintiff. If <strong>the</strong> joined party objects to venue and his joinder would render <strong>the</strong><br />

venue <strong>of</strong> <strong>the</strong> action improper, he shall be dismissed from <strong>the</strong> action.<br />

(b) Determination by Court Whenever Joinder not Feasible. If a person as described<br />

in subdivision (a)(1)-(2) here<strong>of</strong> cannot be made a party, <strong>the</strong> court shall determine whe<strong>the</strong>r<br />

in equity and good conscience <strong>the</strong> action should proceed among <strong>the</strong> parties before it, or<br />

should be dismissed, <strong>the</strong> absent person being thus regarded as indispensable. The factors<br />

to be considered by <strong>the</strong> court include: first, to what extent a judgment rendered in <strong>the</strong><br />

person's absence might be prejudicial to him or those already parties; second, <strong>the</strong> extent<br />

to which, by protective provisions in <strong>the</strong> judgment, by <strong>the</strong> shaping <strong>of</strong> relief, or o<strong>the</strong>r<br />

measures, <strong>the</strong> prejudice can be lessened or avoided; third, whe<strong>the</strong>r a judgment rendered<br />

in <strong>the</strong> person's absence will be adequate; fourth, whe<strong>the</strong>r <strong>the</strong> plaintiff will have an<br />

adequate remedy if <strong>the</strong> action is dismissed for nonjoinder.<br />

(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall<br />

state <strong>the</strong> names, if known to <strong>the</strong> pleader, <strong>of</strong> any persons as described in subdivision<br />

(a)(1)-(2) here<strong>of</strong> who are not joined, and <strong>the</strong> reasons why <strong>the</strong>y are not joined.<br />

(d) Exception <strong>of</strong> Crass Actions. This rule is subject to <strong>the</strong> provisions <strong>of</strong> Rule 23.<br />

Rule 20. Permissive Joinder <strong>of</strong> Parties.<br />

(a) Permissive Joinder. All persons may join in one action as plaintiffs if <strong>the</strong>y assert<br />

any right to relief jointly, severally, or in <strong>the</strong> alternative in respect <strong>of</strong> or arising out <strong>of</strong> <strong>the</strong><br />

same transaction, occurrence, or series <strong>of</strong> transactions or occurrences and if any question<br />

<strong>of</strong> law or fact common to all <strong>the</strong>se persons will arise in <strong>the</strong> action. All persons may be<br />

joined in one action as defendants if <strong>the</strong>re is asserted against <strong>the</strong>m jointly, severally, or in<br />

<strong>the</strong> alternative, any right to relief in respect <strong>of</strong> or arising out <strong>of</strong> <strong>the</strong> same transaction,<br />

occurrence, or series <strong>of</strong> transactions or occurrences and if any question <strong>of</strong> law or fact<br />

common to all defendants will arise in <strong>the</strong> action. A plaintiff or defendant need not be<br />

interested in obtaining or defending against all <strong>the</strong> relief demanded. Judgment may be

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