indispensable party
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 390 U.S. 102 - Provident Tradesmens Bank & Trust Co. v. Patterson · 1968Most cited · 3,058 citing opinions
Whether a person is 'indispensable,' that is, whether a particular lawsuit must be dismissed in the absence of that person, can only be determined in the context of particular litigation. The decision to proceed is a decision that the absent person is merely 'necessary' while the decision to dismiss is a decision that he is 'indispensable.' A court does not know whether a particular person is 'indispensable' until it has examined the situation to determine whether it can proceed without him.