Untitled section

803.03

 

Joinder of persons needed for just and complete adjudication.

803.03(1)

(1)

 

Persons to be joined if feasible.

A person who is subject to service of process shall be joined as a party in the action if:

803.03(1)(a)

(a)

In the person’s absence complete relief cannot be accorded among those already parties; or

803.03(1)(b)

(b)

The person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may:

803.03(1)(b)1.

1.

As a practical matter impair or impede the person’s ability to protect that interest; or

803.03(1)(b)2.

2.

Leave any of the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations by reason of his or her claimed interest.

803.03(2)

(2)

 

Claims arising by subrogation, derivation and assignment.

803.03(2)(a)

(a)

Joinder of related claims.

A party asserting a claim for affirmative relief shall join as parties to the action all persons who at the commencement of the action have claims based upon subrogation to the rights of the party asserting the principal claim, derivation from the principal claim, or assignment of part of the principal claim. For purposes of this section, a person’s right to recover for loss of consortium shall be deemed a derivative right. Any public assistance recipient or any estate of such a recipient asserting a claim against a 3rd party for which the public assistance provider has a right of subrogation or assignment under s.