Motion to Dismiss for Failure to Join a Required Party

When the failure to join a party is used

Timing: before the answer or later under Rule 12(h)(2). These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• A motion asserting a Rule 12(b) defense must be made before pleading if a responsive pleading is allowed.
• Rule 19 sets out when a person must be joined and what the court considers if joinder is not feasible.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 12(b)(7), 19 online. Also, the federal judiciary publishes the current rules and recent amendments.

The failure to join a party in state court

This page covers the federal version. In state court, the failure to join a party may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.