Rule 20.Permissive Joinder of Parties

Effective July 1, 1974 · Last verified June 26, 2026

In one sentenceRule 20 lets multiple plaintiffs or defendants be joined in one action when their claims arise from the same transactions and share a common question of law or fact.

Full Text of Rule 20

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(a) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more of the defendants according to their respective liabilities, and the court may issue one or more executions and make such order relative to costs as may be necessary and proper. In any action in which persons not asserting any right to recover jointly join as plaintiffs, and in which the relief sought is not wholly equitable, the entry fee shall be an amount equal to the aggregate of the entry fees which would have been required had separate actions been brought.

(b) Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.

End

Rule History

Amended June 27, 1974, effective July 1, 1974.

Reporter’s Notes

(1973)

Rule 20(a) is the same as Federal Rule 20(a) except for: (1) the deletion of a reference to admiralty law, and (2) the addition of a reference to executions and costs taken from G.L. c. 231, § 4A.

Rule 20(a) changes prior law slightly. G.L. c. 231, § 4A allowed joinder where the rights or liabilities arose out of the same transaction, occurrence, or series of transactions or occurrences. Rule 20(a) adds the requirement, taken from Federal Rule 20(a), that there be a common question of law or fact.

The principal difference between Rule 20(a) and the prior statute is that the latter applied solely to actions at law whereas the former applies to all claims for relief.

Joinder of parties under Rule 20(a) obviously does not affect the substantive rights of the parties involved. For example, Rule 20(a) permits the joinder of a master and his servant. This follows prior law, see Kabatchnick v. Hanover-Elm Building Corp., 331 Mass. 366, 369, 119 N.E.2d 169, 172-173 (1954), but does not however convert the several liability of the master into a joint tort liability with his servant. Id.

Just as the prejudicial operation of Rule 18 (Joinder of Claims and Remedies) can be avoided by the court (Rule 42(b)), so also can embarrassment, delay and expense to a party be avoided by the court, acting under Rule 20(b).

Plain-English Summary

Rule 20 allows—but does not require—parties to litigate together. People may join as plaintiffs, or be joined as defendants, when the claims by or against them arise out of the same transaction, occurrence, or series of them, and at least one common question of law or fact will arise. A party need not have a stake in every part of the relief, and the court can enter judgment for or against parties according to their individual rights and liabilities.

To keep joinder fair, the court may order separate trials or other protective orders so that a party is not embarrassed, delayed, or burdened by claims that do not involve it. Massachusetts adds a practical wrinkle: where plaintiffs who are not seeking joint recovery join in a non-equitable case, the entry fee equals the total of the separate fees that would have been due.

Frequently Asked Questions

When can several parties sue or be sued together?

When the claims by or against them arise out of the same transaction, occurrence, or series of transactions or occurrences, and there is at least one question of law or fact common to them all.

Can the court separate parties who were joined?

Yes. To prevent embarrassment, delay, prejudice, or expense, the court may order separate trials or enter other orders, and it may shape judgment to each party's own rights and liabilities.

Source & verification. Rule text, Rule History, and Reporter’s Notes reproduced verbatim from the Massachusetts Rules of Civil Procedure as published by the Massachusetts Trial Court Law Libraries. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified June 26, 2026. · Official text

Also known as: permissive joinderjoining plaintiffsjoining defendantsmisjoinder