It is usually required that one join all “necessary parties” to a lawsuit. “A necessary [party] is one who is so vitally interested in the subject matter of controversy that a valid judgment cannot be effectively rendered without the party’s presence.” Jones v. Jones, 285 S.W.3d 356, 360 (Mo. Ct. App. 2009). In a breach…
Legal Articles
Will Contests: Grounds, Necessary Parties
A last will and testament may be contested on numerous grounds, the most common of which include challenges for lack of capacity, fraud, duress, and/or undue influence. There are strict, specific deadlines for challenging a will. While the deadline varies, a will contest is usually pursued after a will is admitted to probate. An order…
Necessary Parties in Litigation
It is required that all parties with a legal interest in the subject matter of the litigation be joined as parties. Alvino v. Alvino, 659 S.W.2d 266, 269 (Mo. Ct. App. 1983). This is true even if there are no claims of wrongdoing directed at a party. By way of example, if there is a lawsuit…
Necessary Parties versus Indispensable Parties
Multi-party litigation changes things substantively, strategically and procedurally. As a threshold issue, the question of whether all necessary/indispensable parties have been joined in a given lawsuit is something litigants often raise. This leads to the subtle distinction between necessary parties and indispensable parties under Missouri law. Under Missouri Supreme Court Rules, a party must be…