Civil Procedure II
A party is indispensable if:
- complete relief cannot be given to the existing parties in its absence,
- its absence would expose an existing party to significant risk of double, multiple, or otherwise inconsistent obligations, or
- its absence would impair the missing party's ability to adequately protect its interest.
Joint tortfeasors are jointly liable and a plaintiff can choose to sue only one, so absence of another is not indispensable, even in most comparative fault states.
A party can still only be joined if feasible, as personal jurisdiction, venue, and subject matter jurisdiction are still required.