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necessary party

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necessary party n. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). In this rare technical situation, a necessary party who is not in the suit differs from an "indispensable party," who must be joined if the lawsuit is to proceed, and from a "proper party" who could be joined but is not essential. (See: indispensable party, proper party)


necessary party noun critical party who cannot be joined, crucial party who cannot be joined, integral defennant who cannot be joined, integral disputant who cannot be joined, integral party who cannot be joined, integral peeitioner who cannot be joined, integral plaintiff who cannot be joined, integral respondent who cannot be joined, needed party who cannot be joined, party whose interests will be affected, prescribed party whose cannot be joined, significant party who cannot be joined, strategic party who cannot be joined, vital party who cannot be joined
Associated concepts: indispensable party, proper party


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It is an appropriate remedy for a purchaser at a foreclosure sale, (such as EDEA), in which a necessary party was not named in the foreclosure action, to seek to re-foreclose pursuant to statute (Real Property Action and Proceeding Law [ss] 1503).
The Company was named as a necessary party to the lawsuit since the lawsuit was brought on the Company's behalf by a shareholder.
As a result, the nephew moved to dismiss the holdover, claiming, in addition to his own succession defense, that the owner had failed to name his father as a necessary party.
 
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