Indispensable Party

Indispensable Party

An individual who has an interest in the substantive issue of a legal action of such a nature that a final decree cannot be handed down without that interest being affected or without leaving the controversy in a condition whereby its final determination would be totally Unconscionable.

For example, a Husband and Wife seeking to dissolve a marriage are indispensable parties to their own Divorce action.

indispensable party

n. a person or entity which must be included in a law suit so that the court can make a final judgment or order that will conclude the controversy. Example: Ned Neighbor brings an action to enforce his claimed right to cross the property of Oliver and Olivia Owner, but only names Oliver as a defendant. To make it possible for the court to order the property owners to honor Ned's easement, Olivia as a co-owner is an indispensable party. The procedural solution is for Neighbor to amend his complaint or petition to join Olivia as a defendant.