Rule 21.Misjoinder and Nonjoinder of Parties

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 21 provides that misjoining a party is never a ground to dismiss the action; instead the court may, on motion or on its own and on just terms, add or drop a party at any time or sever any claim against a party.

Full Text of Rule 21

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Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

End

Amendment History

(Amended April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 21 is a short fix-it rule for party problems. If too many or the wrong parties have been joined (misjoinder), or a needed party is missing (nonjoinder), that is not a reason to throw out the whole case. The court instead reshapes the lineup.

On a party’s motion or on its own initiative, and at any stage of the case, the court may add a party, drop a party, or sever a claim and proceed with it separately — always on terms that are just. Rule 21 works alongside the joinder rules (Rules 19 and 20) to make sure a procedural misstep about who is in the case does not defeat the merits.

Frequently Asked Questions

Can a case be dismissed for adding the wrong party?

No. Under Rule 21, misjoinder is not a ground for dismissal; the court adds, drops, or severs parties or claims on just terms.

Who can ask the court to add, drop, or sever a party under Rule 21?

Any party may move for it, or the court may act on its own initiative, at any stage of the case, so long as the resulting order is on just terms.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 21), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 21Fed. R. Civ. P. 21misjoinder of partiesdropping or adding partiesseverance