Necessary Party Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Necessary Party, written in plain English, along with examples of how it is used.
What is Necessary Party?
n.A person or a corporation who will be affected by the result of a lawsuit.In the absence of this party judgement cannot be given.He cannot be made to paricipate in the lawsuit because that would deny the right given to the court to try the case. In a situtation where neccesary party is not in the suit differs from an indespensable party who should be joined in a lawsuit or a proper party who can be joined but it is not compulsory.
History and Meaning of Necessary Party
A necessary party is a person or company that will be affected by the outcome of a legal case, whether positively or negatively. In certain cases, a court may require the participation of a necessary party in order to reach a verdict, although they cannot be forced to be a part of the lawsuit. However, if they do not participate, a judgement cannot be given since it could violate their right to due process.
The concept of the necessary party dates back to English common law and has been incorporated into many modern legal systems around the world. The idea was developed in order to ensure that all parties who are affected by a case are given a voice, to help guarantee that the outcome is just and fair.
Examples of Necessary Party
A construction company being sued for damages resulting from a faulty building may bring in architects, engineers, and subcontractors as necessary parties in order to ensure a fair outcome that takes all relevant factors into account.
In a divorce case, children may be considered necessary parties in order to ensure that their rights and interests are taken into account in any custody or support disputes.
In a case involving zoning laws, neighboring property owners may be considered necessary parties in order to ensure that they are given a fair opportunity to voice their concerns and objections.
Legal Terms Similar to Necessary Party
Indispensable Party: Analogous to a necessary party, an indispensable party is someone who must be included in a legal dispute in order for a fair decision to be reached.
Proper Party: A person or company who could be joined to a legal case, but their presence is not legally required.
Interested Party: Someone who has a stake in the outcome of a case, but who may not be considered a necessary or indispensable party.