No action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary parties without first affording reasonable opportunity to add them as parties. New parties may be added and parties misjoined may be dropped by order of the court, at any stage of the cause, before or after judgment, as the ends of justice may require and on terms which the court may fix.
2-407.Nonjoinder and misjoinder of parties - Change of parties.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-407 stops a case from being thrown out just because parties were misjoined or a necessary party was left out, and lets the court add or drop parties at any stage, on whatever terms justice requires.
Full Text of 735 ILCS 5/2-407
Plain-English Summary
Misjoinder of parties — joining someone who shouldn't be in the case — is not, by itself, a reason to dismiss an action. Leaving out a necessary party isn't either, unless the court has first given a reasonable opportunity to add that party and it still hasn't happened.
Beyond that safeguard, the court has broad authority to add new parties or drop misjoined ones by order, at any stage of the case, before or after judgment, whenever the ends of justice call for it. The court can attach whatever terms it thinks fit to that kind of order.
Frequently Asked Questions
Can a case be dismissed just because the wrong party was joined?
No. Misjoinder of parties is not a ground for dismissing the action.
Can a case be dismissed because a necessary party was left out?
Not immediately. The court must first give a reasonable opportunity to add the necessary party before dismissing for nonjoinder.
At what point in a case can parties be added or dropped?
At any stage of the case, before or after judgment, as the ends of justice may require.
Does the court set conditions when it adds or drops a party?
Yes. New parties may be added and misjoined parties dropped on terms the court fixes.
Who decides whether to add or drop a party under this section?
The court, acting by order, as the ends of justice require.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: misjoinder of parties illinoisadding a necessary party to a lawsuitdismissal for nonjoinder illinoisdropping a party from a case