Indispensable Party

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Indispensable Party

An individual who has an interest in the substantive issue of a legal action of such a nature that a final decree cannot be handed down without that interest being affected or without leaving the controversy in a condition whereby its final determination would be totally Unconscionable.

For example, a Husband and Wife seeking to dissolve a marriage are indispensable parties to their own Divorce action.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

indispensable party

n. a person or entity which must be included in a law suit so that the court can make a final judgment or order that will conclude the controversy. Example: Ned Neighbor brings an action to enforce his claimed right to cross the property of Oliver and Olivia Owner, but only names Oliver as a defendant. To make it possible for the court to order the property owners to honor Ned's easement, Olivia as a co-owner is an indispensable party. The procedural solution is for Neighbor to amend his complaint or petition to join Olivia as a defendant.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
"On balance, the Court finds that Tri State is an indispensable party within the meaning of Fed.
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The defendants filed a motion to dismiss for failure to join the estate as a party to the action and alleged that, pursuant to [section]733.607, the estate was an indispensable party and the plaintiffs lacked standing.
That's because under state law, when local governments file such suits, the state is required to join as a "necessary and indispensable party." In these types of cases, the counties and state split any money.
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For Noureddine, the audiences are not only an indispensable party in the process, but co-creators of the art as well.