When an opposing party raises a non-joinder objection, respond quickly and strategically: first assess whether the omitted person is truly “necessary” by checking whether complete relief can be granted without them or whether their absence risks inconsistent obligations; confirm whether the objection was timely (a late objection may be waived) and review the pleadings/rules applicable in your jurisdiction. If the party is necessary, promptly file a formal application to implead or move to amend the pleadings (attach supporting evidence showing the party’s interest), effect service or ask the court to validate late service, and — if joinder would unduly delay or destroy jurisdiction — prepare the balancing analysis (the local Rule-19 style factors) to show why the case should proceed or be stayed rather than dismissed. While doing that, propose practical curative measures (stay, limited discovery, protective orders), document all steps to preserve appellate rights, explore voluntary joinder or negotiated resolution with the missing party, and keep the court and opposing counsel informed to demonstrate diligence and minimize prejudice; these measures usually avoid dismissal and keep the case moving while protecting your client’s position.
