Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and upon such terms as are just. Any claim against a party may be severed and proceeded with separately.
Rule 21.Misjoinder and Non-Joinder of Parties
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 21 makes clear that joining the wrong parties, or leaving out the right ones, is never grounds to throw out a lawsuit, since the court can add or drop parties instead.
Full Text of Rule 21
Reporter's Notes
Reporter’s Notes to Rule 21: 1. Rule 21 is identical to FRCP 21. There was no comparable provision under prior Arkansas law and a defect in parties was generally raised by demurrer where the defect appeared on the face of the complaint and by answer where the defect was not so evident. Under prior law, a defect in parties was ground for dismissal of the cause whereas under this rule, the cause is not dismissed, but rather the defect is simply cured by adding or striking parties upon motion of a party or by the court on its own motion.
2. Rule 21 should have no appreciable effect on Arkansas law. A defect in parties was non-fatal under prior Arkansas law in that it could be waived. Province v. Dean, 223 Ark. 508, 266 S.W.2d 812 (1954). A defect in parties remains non-fatal under this rule. This rule does, however, confer upon the trial court additional discretion to cure a misjoinder or non-joinder on its own motion.
Plain-English Summary
Rule 21 answers a narrow but practical question: what happens when a case has the wrong lineup of parties. The rule's answer is that misjoinder -- including the wrong party -- is never grounds for dismissal. Instead, the court can add or drop parties by order, on a party's motion or on its own initiative, at any stage of the case and on whatever terms are just. A defect in the parties gets corrected in place rather than sending the plaintiff back to file a new lawsuit.
The rule closes with the same severance authority found in Rule 18(b): any claim against a party can be severed and proceeded with separately. That overlap is intentional -- severance is a tool that shows up wherever the rules address how claims and parties fit together in a single action, and Rule 21 confirms it applies here too.
Older Arkansas practice treated a defect in parties as something that could be waived if nobody raised it, so this rule does not represent a sharp break so much as a formal confirmation that misjoinder and non-joinder are curable procedural problems, not fatal ones. What the rule adds is the court's own authority to fix the problem on its own initiative, without waiting for either side to move.
Frequently Asked Questions
If the wrong party is named in an Arkansas lawsuit, does the case get dismissed?
No. Rule 21 states directly that misjoinder of parties is not grounds for dismissal. The remedy is to add or drop parties by court order, not to start over.
Who can ask the court to add or drop a party under Rule 21?
Any party can move for it, and the court can also act on its own initiative, at any stage of the case, on terms the court considers just.
How is Rule 21 different from Rule 19 and Rule 20?
Does Rule 21 let a court split up claims against different parties for trial?
Yes. Rule 21 carries the same severance authority found in Rule 18(b), allowing any claim against a party to be severed and proceeded with separately.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: misjoinder of partiesnon-joinder Arkansasadding or dropping partieswrong party lawsuitARCP 21