Which of the following statements about necessary parties is true?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

The correct assertion regarding necessary parties is that non-joinder may lead to dismissal. Necessary parties are individuals or entities that must be included in a lawsuit for the court to have the appropriate jurisdiction and to ensure a fair resolution of the dispute. If these parties are not joined in the action, the court may determine that it cannot render a binding judgment, which can subsequently lead to the dismissal of the case for failure to join these critical parties.

This concept is vital in civil procedure, as the presence of all necessary parties ensures that the rights and interests of those affected by the outcome of the litigation are adequately represented and protected. It serves to avoid situations where a judgment might be rendered that cannot be enforced against all those who must be bound by it.

Other statements do not hold true in the same way. For instance, while non-joinder can indeed lead to dismissal, it is not universally true that necessary parties must be included in every single civil action. Some actions might not have necessary parties depending on their specific circumstances. Misjoinder of necessary parties being rendered moot is misleading, as misjoinder does not lead to a case being moot; it may simply complicate the proceedings. Lastly, necessary parties are not limited to being added only before plead

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