What happens if a necessary party cannot be joined in a lawsuit?

When a necessary party cannot be joined in a lawsuit, the court must evaluate whether the case can proceed without that party. This assessment is made under the principles of the Federal Rules of Civil Procedure, particularly Rule 19, which governs when a party should be joined and the implications of their absence.

If it is determined that the necessary party is essential to the resolution of the dispute and cannot be joined, the court has a critical decision to make. It will consider factors such as whether in equity and good conscience, the case can continue without the absent party and whether the absent party's interests will be adequately represented if the case proceeds. Depending on this analysis, the court may decide to either allow the case to continue and issue a judgment, or dismiss the action if the missing party's absence prevents a fair resolution of the claims involved.

This option reflects the procedural reality that simply dismissing a case or allowing new claims to be filed separately might not address the fundamental issues regarding the absent party's interests, making the court's discretion vital in these situations.