Motion to Dismiss for Failure to Join an Indispensable Party: Making the Motion Checklist (Federal)

Summary

This checklist describes how to seek dismissal of a federal case for failing to include an indispensable party and covers topics such as the timing of a motion under Rule 12(b)(7) of the Federal Rules of Civil Procedure, Rule 19 joinder rules, the meanings of "necessary" and "indispensable" parties, procedures for making the motion, required evidence, who may bring the motion, and the burden of proof.