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 of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
§ 9-11-21.Misjoinder and nonjoinder of parties
Chapter 11. Civil Practice Act · Article 4. Parties · Last amended 1966 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-21 provides that misjoined parties never require dismissal of the whole action, lets the court add or drop parties on motion or its own initiative at any stage on just terms, and allows a claim against any party to be severed and pursued as a separate action.
Full Text of § 9-11-21
Plain-English Summary
This section removes a trap that once caught litigants under stricter pleading regimes: naming the wrong combination of parties. Misjoinder of parties is not a ground for dismissing an action, full stop. If a case has too many parties, too few, or the wrong ones, that flaw does not sink the lawsuit.
Instead, the court can fix the problem directly. Parties may be dropped or added by court order, whether on a party’s motion or the court’s own initiative, at any stage of the case, on whatever terms are just. The court can also sever a claim against a particular party and let it proceed as its own separate action — useful when one defendant’s piece of the dispute needs different scheduling, venue, or handling than the rest of the case.
Frequently Asked Questions
Can a Georgia lawsuit be dismissed because the wrong parties were included?
No. The section expressly states that misjoinder of parties is not a ground for dismissal of an action.
Who can ask the court to add or drop a party from a case?
Any party may move for it, or the court may act on its own initiative.
Is there a deadline for fixing a misjoinder or nonjoinder problem?
No fixed deadline appears in the text — parties may be added or dropped at any stage of the action.
What does it mean to “sever” a claim under this section?
It means the claim against a particular party is separated out and proceeded with as its own case, rather than staying bundled with the rest of the action.
How does this section relate to O.C.G.A. §§ 9-11-19 and 9-11-20?
It complements those joinder provisions by giving the court a flexible tool to correct a joinder problem after the fact, rather than requiring the case to start over.
Amendment History
Ga. L. 1966, p. 609, § 21.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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