[WSBAPT] Rule 19 Joinder Question

[Thomas Sandstrom]

To the listserv:

I have a procedural question for the listserv about joinder of necessary parties (who are already named defendants) to a counterclaim.

I am preparing to file a counterclaim for Quiet Title in a road case.  Plaintiff has been encroaching on the road and according to the face of the plat, all property owners in the subdivision were granted an interest in the plat road (a very long list).  Plaintiff is seeking declaratory relief.  Plaintiff's initial Complaint only named my clients as defendants.  I moved for joinder of necessary parties requesting Plaintiff add the other property owners and an amended complaint has now been filed naming all property owners in the plat road as defendants to Plaintiff's Complaint.

I have prepared the counterclaim for Quiet Title on the encroachment issue and note in Rule 19 that joinder of a party that should be named as a plaintiff, but refuses to join as plaintiff may be made a defendant.   So for the counterclaim, I am assuming it would be "counterclaim plaintiffs" or "counterclaim defendants" respectively.  The use of the word "refusal" in Rule 19 seems to imply there should be some kind of communication that results in a refusal.  In cases where there are several parties that have an interest, this becomes a very cumbersome requirement under the rules when a response is due.   I am putting this out to the listserv to see if anyone has run into this issue and how best to deal with it.   Perhaps I have simply misconstrued the Rule - I would be happy to learn this is the case.    Welcome any thoughts on this.

Best Regards,

Thomas D. Sandstrom

SANDSTROM LAW, PLLC
Mail to: P.O. Box 668, Friday Harbor, WA  98250
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