Misjoinder of parties is not ground for dismissal of any 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, in the discretion of the court.
Rule 21.Misjoinder and nonjoinder of parties.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 21 provides that joining the wrong parties is never a ground for dismissing a case, and instead lets the court add or drop parties at any stage, on a party's motion or its own initiative, and sever any claim against a party for separate handling.
Full Text of Rule 21
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 21 protects a lawsuit from being thrown out because someone made a mistake about who should be a party. Misjoinder, meaning joining a person who should not have been included, does not doom the case. Neither does nonjoinder of parties who should have been included but were not.
Instead, the court can add or drop parties at any point in the litigation, on its own initiative or on a party's motion, on whatever terms are just under the circumstances. The court can also sever a claim against one party and let it proceed on its own, separate from the rest of the case, when that better serves the litigation.
Frequently Asked Questions
Can a Kentucky lawsuit be dismissed for naming the wrong parties?
No. Rule 21 states that misjoinder of parties is not a ground for dismissal. The remedy is adding or dropping parties, not throwing out the case.
Can a court add a party to a case after it's already been filed?
Yes. Rule 21 lets the court add or drop parties at any stage of the action, either on a party's motion or on the court's own initiative, on terms that are just.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 21). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: wrong party named in lawsuitadding a party after filingdropping a defendant from a casemisjoinder of parties KentuckyCR 21severing a claim from a lawsuit