Civil Procedure II
If the plaintiff cannot join an indispensable party, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:
- The extent of prejudice to parties or non-party;
- The extent to which the court can lessen the prejudice by:
- protective provisions in the judgment;
- shaping the relief; or
- other measures;
- Whether judgment would be adequate without the missing party; and
- Whether the plaintiff would have an adequate remedy elsewhere.
In the end, it turns on whether the plaintiff is worse with partial relief than if forced to sue elsewhere.