Those united in interest must be joined as plaintiffs or defendants.

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Those united in interest must be joined as plaintiffs or defendants.

Explanation:
In North Carolina civil procedure, when parties share a united or intertwined interest in the subject of a suit, they must be brought into the case as parties. This is the idea behind compulsory joinder for indispensable parties. The court needs these joined persons as plaintiffs or defendants so that the dispute can be resolved with complete relief and so that no party is subject to inconsistent obligations or prejudiced by a judgment binding someone not before the court. If these joined-in-interest parties cannot be feasibly brought into the case (for example, due to lack of jurisdiction or inability to join them), the court must consider dismissing the action, because a proper adjudication cannot be had without them. The other options don’t fit because they treat such related interests as mere witnesses, or require consent to join, or suggest dismissal is inappropriate simply because alignment isn’t perfect. The rule is about mandatory joining of indispensable parties, not about treating them as witnesses, requiring their consent, or dismissing solely on misalignment.

In North Carolina civil procedure, when parties share a united or intertwined interest in the subject of a suit, they must be brought into the case as parties. This is the idea behind compulsory joinder for indispensable parties. The court needs these joined persons as plaintiffs or defendants so that the dispute can be resolved with complete relief and so that no party is subject to inconsistent obligations or prejudiced by a judgment binding someone not before the court.

If these joined-in-interest parties cannot be feasibly brought into the case (for example, due to lack of jurisdiction or inability to join them), the court must consider dismissing the action, because a proper adjudication cannot be had without them.

The other options don’t fit because they treat such related interests as mere witnesses, or require consent to join, or suggest dismissal is inappropriate simply because alignment isn’t perfect. The rule is about mandatory joining of indispensable parties, not about treating them as witnesses, requiring their consent, or dismissing solely on misalignment.

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