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Ocga A 91119 Joinder Of Persons Needed For Just Adjudication

(a)  Persons to be joined if feasible.  A person who is subject to service of process shall be joined as a party in the action if:

(1)  In his absence complete relief cannot be afforded among those who are already parties; or

(2)  He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:

(A)  As a practical matter impair or impede his ability to protect that interest; or

(B)  Leave any of the persons who are already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.

If he has not been so joined, the court shall order that he be made a party.  If he should join as a plaintiff but refuses to do so, he may be made a defendant or, in a proper case, an involuntary plaintiff.  If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.

(b)  Determination by court whenever joinder not feasible.  If a person, as described in paragraphs (1) and (2) of subsection (a) of this Code section, cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it or should be dismissed, the absent person being thus regarded as indispensable.  The factors to be considered by the court include:

(1)  To what extent a judgment rendered in the person’s absence might be prejudicial to him or to those already parties;

(2)  The extent to which, by protective provisions in the judgment, by the shaping of relief, or by other measures, the prejudice can be lessened or avoided;

(3)  Whether a judgment rendered in the person’s absence will be adequate;

(4)  Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder; and

(5)  Whether and by whom prejudice might have been avoided or may, in the future, be avoided.

(c)  Pleading reasons for nonjoinder.  A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons, as described in paragraphs (1) and (2) of subsection (a) of this Code section, who are not joined and the reasons why they are not joined.

(d)  Exception of class actions.  This Code section shall be subject to Code Section 9-11-23.

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