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 by order of the court.
Rule 21.Misjoinder and Nonjoinder of Parties.
Last verified July 3, 2026
In one sentenceRule 21 says joining the wrong parties is never a reason to dismiss a case, and lets the court add or drop parties, or sever a claim, on its own or on a party's motion.
Full Text of Rule 21
Plain-English Summary
Rule 21 keeps a party mix-up from ending a case. Misjoinder of parties is never grounds for dismissal; instead, the court can add or drop parties on motion of any party or on its own initiative, at any stage of the action and on whatever terms are just. The court can also sever any claim against a party and let it proceed as its own separate action.
Frequently Asked Questions
Can a case be dismissed because the wrong parties were joined?
No. Rule 21 says misjoinder of parties is not a ground for dismissal; the court instead adds or drops parties as needed.
Can the court add or remove a party without anyone asking it to?
Yes. Rule 21 lets the court act on its own initiative, at any stage of the action, in addition to acting on a party's motion.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 21). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: misjoinder of partiesdropping or adding partiessevering a claim