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Rule 20.Permissive joinder of parties

Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026

In one sentenceRule 20 lets multiple plaintiffs join in one suit, or multiple defendants be joined in one suit, whenever their claims arise from the same transaction, occurrence, or series of transactions or occurrences and share a common question of law or fact, while giving the court power to order separate trials to avoid prejudice, delay, or expense.

Full Text of Rule 20

Text sizeJump to: (a) (b)

(a) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
(b) Separate trials. The Court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice.

Amendment History

Amended, effective Jan. 1, 1967; Jan. 1, 1991.

Plain-English Summary

Rule 20(a) sets the same two-part test for joining plaintiffs or defendants. Plaintiffs may join in one action if they assert a right to relief, jointly, severally, or in the alternative, arising out of the same transaction, occurrence, or series of transactions or occurrences, and if a question of law or fact common to all of them will arise in the action. Defendants may be joined on the same terms — a right to relief asserted against them jointly, severally, or in the alternative, out of the same transaction or series, with a common question running through the case.

A plaintiff or defendant joined under this rule doesn't have to be interested in obtaining or defending against every form of relief demanded. The court gives judgment for one or more plaintiffs according to their respective rights, and against one or more defendants according to their respective liabilities, so joinder doesn't force every party into an all-or-nothing outcome.

Rule 20(b) gives the court a counterweight to that broad joinder power. It may enter whatever orders will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom that party asserts no claim and who asserts none against it, including ordering separate trials or other orders to prevent delay or prejudice.

Frequently Asked Questions

Can several plaintiffs sue together in one Delaware lawsuit?

Yes, if Rule 20(a) is satisfied: their claims must arise out of the same transaction, occurrence, or series of transactions or occurrences, and a question of law or fact common to all of them must arise in the action.

What lets multiple defendants be joined in the same Delaware case?

Rule 20(a) allows it when a right to relief is asserted against them jointly, severally, or in the alternative, arising from the same transaction or series, and a common question of law or fact runs through the case as to all of them.

Do all the joined plaintiffs or defendants have to want the same relief?

No. Rule 20(a) states that a plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded; judgment is entered according to each party's own rights or liabilities.

Can the court split my case from a co-party's case if joinder becomes unfair?

Yes. Rule 20(b) lets the court order separate trials, or make other orders, to prevent a party from being embarrassed, delayed, or put to expense by joinder with a party it has no claim against.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
Also known as: permissive joinder of parties delawaremultiple plaintiffs one lawsuit delawarejoining defendants same transaction delawarerule 20 delaware civil procedureseparate trials joined parties delaware