What is a motion to dismiss for failure to join a party?
Asked by: Ms. Katrine Kuhlman | Last update: January 7, 2026Score: 4.3/5 (22 votes)
For general litigation guidance, see Litigation Practical Guidance. A motion to dismiss for failure to join a party under CPLR § R3211(a)(10) and CPLR § 1003 is designed to provide a party with a remedy when another party, who is indispensable to the fair adjudication of the action, cannot join the action.
What is a motion to dismiss for failure to join?
A motion to dismiss for failure to join a party must state with particularity the grounds for seeking the order and the relief sought. FRCP 7(b). The party asserting a claim for relief must state the name of the non-joined party and the reasons for not joining that person. FRCP 19(c).
What does failure to join a party mean?
Definition. Failure to join a required party occurs when a party that is necessary for the just adjudication of a case is not included in the litigation, which can lead to potential complications in the resolution of the dispute.
What should be included in a motion to dismiss?
Begin with a clear and concise introduction, stating the grounds for dismissal. Follow with a detailed argument section that outlines why the complaint should be dismissed, supported by legal authorities. Use Casefleet's customizable reports to organize your arguments and ensure all critical points are covered.
Which of the following are proper grounds for a motion to dismiss?
- (b)(1) a lack of subject-matter jurisdiction.
- (b)(2) a lack of personal jurisdiction.
- (b)(3) improper venue.
- (b)(4) insufficient process.
- (b)(5) insufficient service of process.
- (b)(6) failure to state a claim upon which relief can be granted.
- (b)(7) failure to join a party under Rule 19.
Three types of motions to dismiss -- one of which is filed by the plaintiff
When can a motion to dismiss be granted?
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Why would a motion to dismiss be denied?
In a civil litigation, when a judge denies a defendant's motion to dismiss, the case continues instead of ending early. The plaintiff did not win the case, however, the defendant failed to convince the judge that the case (or at least one of the claims in the case) must end.
Is a motion to dismiss final?
A motion to dismiss will be final only if the plaintiff chooses not to amend and proceed, or if the pleading defect is one that cannot be overcome. A motion for summary judgment is another way to ask for a pretrial resolution of a case.
Can a case be dismissed without going to court?
In many criminal cases, the defendant can participate in a pretrial diversion program. If they successfully meet the requirements, the court will dismiss their case. In California, there are different types of pretrial diversion programs, including: Drug diversion programs.
Can you file a motion to dismiss instead of an answer?
Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer. Motions to dismiss typically make one or more of these arguments: The court lacks the authority or jurisdiction to decide the case or to compel a defendant to appear.
What is failure to join a party under rule 19?
If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff.
How do I refuse to join a party?
- Thanks for thinking of me. I can't right now/I can't make it/I can't attend.
- I'm at capacity right now, so I will decline. Thanks for understanding.
- No, not at this time.
What is the failure of a party to perform?
If a party fails to fulfill the obligation of a contract that they freely entered into, it will be termed as a breach of contract. In legal terms, a breach of Contract is defined as breaking any of the promised terms of a legally enforceable contract by a party without a lawful excuse.
What is the difference between motion to dismiss and motion to terminate?
A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.
What makes a party indispensable?
An indispensable party is a party in a proceeding that must be included in a lawsuit in order for the court to render and execute a final judgment .
How long does it take to dismiss a case?
Timelines vary considerably for cases to be dismissed prior to trial depending on several factors such as jurisdiction, complexity of case and court backlog – it could take anywhere between weeks to months in some instances.
Can a judge ignore a motion to dismiss?
A motion to dismiss might be delayed if there is a question as to whether or not the party with the burden of proof can make a prima facie showing of their case. If it is a close call from the pleadings a judge may allow the plaintiff the opportunity to make that case (or not) before ruling.
Which of the following reasons may cause a case to be dismissed?
- The statute of limitations has expired.
- The defendant's constitutional right to a speedy trial has been violated.
- Prosecutorial misconduct. ...
- Witnesses are uncooperative or the victim recants.
- Scientific analysis, such as DNA test results, reveals new information.
What is the best excuse for missing court?
- Medical Emergencies. Life can throw unexpected events at us. ...
- Unforeseen Accidents. Being involved in a car accident while on your way to court can also be a valid reason for an FTA. ...
- Transportation Issues. ...
- Unaware of the Court Date. ...
- Bereavement. ...
- Additional Information.
What is the success rate of motions to dismiss?
Motions to dismiss are accordingly used very commonly in an attempt to reduce defense costs and achieve an early resolution of such claims. Indeed, motions to dismiss are filed in almost all securities cases, with an approximately 50% success rate.
How to defeat a motion to dismiss?
- The plaintiff's allegations don't fit the facts of the case.
- There is a missing element of the claim.
- There are no factual allegations in the complaint, only conclusions.
What is the outcome of motion to dismiss?
If a motion to dismiss is granted, it may be with or without prejudice. A dismissal with prejudice means the case is permanently closed, and the plaintiff cannot file the same claim again. A dismissal without prejudice, however, allows the plaintiff to correct the issues in their complaint and refile the case.
Who files a motion to dismiss?
A motion to dismiss is a motion filed on behalf of a defendant asking the court to dismiss the plaintiff's case. Alternatively, the motion could seek dismissal of one or more causes of action alleged in the complaint.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Why would a judge deny a motion?
When a motion is denied, it means the court has rejected the request made in the motion, finding it lacks sufficient merit or legal basis. This decision prevents the requested action or ruling from being implemented in the case.