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.

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.

indispensable party

noun added party, compullory defendant, compulsory party, critical added party, essential party, imperative party, mandatory party, obligatory party, required party, requisite party, vital party
Associated concepts: indispensable party to an action, mooion to dismiss for failure to join an indispensable party
References in periodicals archive ?
If Santy refuses to implead an indispensable party despite the order of the court, then the court may dismiss the complaint for Santy's failure to comply with the order.
That's because under state law, when local governments file such suits, the state is required to join as a "necessary and indispensable party.
Any county lawsuit involving state environmental violations must first be approved by Commissioners Court, and the state is required to join in as a "necessary and indispensable party.
For Noureddine, the audiences are not only an indispensable party in the process, but co-creators of the art as well.
That regional change is enticing each one of these three Arab leaders to enhance their position in order to be an indispensable party to any decisions.
a man married to a child's mother at the time of birth, is an indispensable party in an action to determine paternity and to place support obligations on another man.
Intel became a party to the OEM case on June 21, 2003 when Dell filed a counterclaim against Intel, alleging that Intel was an indispensable party to the OEM case as a result of its April 2002 Settlement Agreement with Intergraph.
It argued that AMMC also failed to include Smartmatic-TIM in the case being an indispensable party and its inclusion is a mandatory requirement before the court can acquire jurisdiction over the case.
s Motion to Add an Indispensable Party be, and the same is hereby, DENIED.
Any lawsuit dealing with state environmental violations requires the state to join in as a "necessary and indispensable party.