Civil Procedure Multistate Bar Practice Exam

What does joinder feasibility require with respect to the absentee?

1. There must be diversity jurisdiction over the claim

2. It necessitates personal jurisdiction over the absentee

3. The existing parties must consent to joinder

4. It requires a unanimous agreement from all parties

The correct answer is: It necessitates personal jurisdiction over the absentee

Joinder feasibility indeed necessitates personal jurisdiction over the absentee. In civil procedure, when a party seeks to join an absentee to an action, the court must be able to assert personal jurisdiction over that absentee to bind them to the judgment. This means that the court must have the authority to require the absentee to participate in the proceedings, which usually involves having sufficient minimum contacts within the jurisdiction or another valid basis for exercising jurisdiction, such as the absentee's residence. While diversity jurisdiction and consent of existing parties can be relevant to the overall case, they are not prerequisites specifically related to the feasibility of the joinder itself. Personal jurisdiction is essential because, without it, any judgment rendered by the court would not be enforceable against the absentee, thus undermining the fairness and effectiveness of the judicial process. Therefore, ensuring that personal jurisdiction is established is the critical aspect regarding the feasibility of joining an absentee in a lawsuit.