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Proper

party care

Fit; correct; reasonably sufficient. That which is well adapted or appropriate.

Proper care is the degree of care a reasonable, prudent person would use under similar circumstances.

A proper party is an individual who has an interest in the litigation. He or she can be joined—that is, brought into the action—but his or her nonjoinder will not result in a dismissal. A substantial judicial decree can still be rendered in the absence of a proper party. A proper party is distinguishable from a necessary party in that the latter must be joined in order to give complete relief to the litigants.

CROSS-REFERENCES

Joinder.

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