Rule 21.Misjoinder and Non-Joinder of Parties.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 21
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Three sentences, and the first settles the question people worry about most: misjoinder of parties is not ground for dismissal of an action. Getting the party list wrong costs a correction, not the case.
The correction is broad. Parties may be dropped or added by order of the court, on the motion of any party or on the court own initiative, at any stage of the action and on such terms as are just. There is no deadline and no requirement that the mistake be excusable.
The third sentence adds a separate tool. Any claim against a party may be severed and proceeded with separately by order of the court, which lets a judge untangle a case rather than force every claim through one trial.
Frequently Asked Questions
Can a Hawaii family court case be dismissed for naming the wrong party?
No. Misjoinder of parties is not ground for dismissal of an action.
How are parties added or removed?
By order of the court, on the motion of any party or on the court own initiative, at any stage of the action and on terms that are just.
Is there a deadline for correcting the parties?
No. The rule allows it at any stage of the action.
Can a claim be split off from the rest of the case?
Yes. Any claim against a party may be severed and proceeded with separately by order of the court.
What if a necessary person was left out?
Rule 19 governs that, and requires the court to order joinder where the person is subject to service of process.