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.
K.S.A. 60-221.Misjoinder and nonjoinder of parties
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-221 provides that misjoinder of parties is never a ground for dismissing an action, and instead lets the court add or drop a party, or sever a claim against a party, on motion or on its own, at any time and on just terms.
Full Text of K.S.A. 60-221
Amendment History
L. 1963, ch. 303, 60-221; L. 2010, ch. 135, § 88; July 1.
Plain-English Summary
Section 60-221 is short and direct: misjoinder of parties is not a ground for dismissing an action. Whatever mistake was made in bringing the wrong parties together, dismissal isn't the remedy the rule allows for it.
Instead, the court has ongoing authority to fix the problem. On motion by a party, or entirely on its own, the court may at any time, on just terms, add a party or drop a party. It can also sever any claim against a party, separating it out from the rest of the action rather than dismissing the whole case over a joinder problem. The rule gives the court broad, continuing flexibility to correct who's in the case rather than treating misjoinder as fatal to the lawsuit.
Frequently Asked Questions
Can my case be dismissed because the wrong parties were joined together?
No. Section 60-221 states plainly that misjoinder of parties is not a ground for dismissing an action.
What can a Kansas court do instead of dismissing a case for misjoinder?
The court may, on motion or on its own, add or drop a party at any time, on just terms, and may also sever any claim against a party rather than dismiss the action.
Is there a deadline for fixing a misjoinder problem?
No specific deadline appears in the rule. It allows the court to add or drop parties, or sever claims, at any time, on just terms.
Do I have to file a motion to get a misjoined party dropped from the case?
Not necessarily. The rule allows the court to act on motion by a party or on its own initiative to add or drop a party.
What does it mean for the court to sever a claim under this rule?
It means separating a particular claim against a party out from the rest of the action, which the court can do on just terms as an alternative to dismissing anything over a misjoinder problem.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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