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 ?
"On balance, the Court finds that Tri State is an indispensable party within the meaning of Fed.
While Vasquez said that including Camcam as a respondent would be tantamount to acknowledging her right to the property, the court maintained that Camcam was an indispensable party to the complaint.
It said that Camcam was an indispensable party to the complaint because if the HLURB arbiter were to decide in favor of Vasquez, it would in effect deprive Camcam of her enjoyment of the privileges granted her.
Is she a party in interest or a necessary and indispensable party in a dispute between husband and wife over their conjugal properties?
'Said company is not an indispensable party to the instant case without whom no final determination can be had of an action,' the CA pointed out.
Stearns, the 1898 state Supreme Court precedent holding that lieutenant governors can serve as senators, still guides.<br />Second, the memo says the court can dismiss because Dusosky failed to join the Minnesota Senate as an indispensable party to her claim.<br />Gov.
Submitted by the Middle East Issues Committee: 33rd Triennial Congress Support of WILPF US Request to United States Secretary of State/Department of State to Remove Hamas from the Terrorist Watch List(s), so as to Allow Hamas Full Participation, as a Necessary and Indispensable Party, in Middle East Peace Negotiations
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.
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.