Legal Memorandum: Necessary partys are determined by those whom have a substantial interest in the matter

Issue: Under Illinois law, how is the determination of a "necessary party" made?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Determine; Necessary Party; Substantial Interest; Protect; Interest; Motion to Dismiss
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

A necessary party is "an individual or entity having a present, substantial interest in the matter being litigated, and in whose absence a complete resolution of a matter in controversy cannot be achieved without affecting that interest." Cameron v. Bartels, 214 Ill.App.3d 69, 75-76 (1991). The interest of the necessary party must be "present and substantial rather than a mere expectance or future contingency." Borrowman v. Howland, 119 Ill.App.3d 493, 499 (1983). A party is necessary if its participation "is required to (1) protect its interest in the subject matter of the controversy which would be materially affected by a judgment entered in its absence; (2) reach a decision protecting the interests of the parties already before the court; or (3) allow the court to completely resolve the controversy." Zurich Insurance Co. v. Baxter International, Inc., 275 Ill.App.3d 30, 37 (1995).

A motion to dismiss brought under section 2-615 of the Code attacks the sufficiency of the complaint, on the basis that, even assuming the allegations of the complaint to be true and reading those allegations in the light most favorable to the plaintiff, the complaint does not state a cause of action that would entitle the plaintiff to relief. [statref]735 ILCS 5/2-615 (West 2012)[/statref]; Vitro v. Mihelcic, 209 Ill.2d 76, 81 (2004). Thus, dismissal under section 2-615 is warranted only when the facts alleged do not constitute a cognizable claim, or when the facts alleged show conclusively that, as a legal matter, the plaintiff has […]