Rule 21.Misjoinder and Non-Joinder of Parties
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 21
Rule History
Effective July 1, 1974.
Reporter’s Notes
(1973)
Rule 21 embodies prior law: G.L. c. 231, § 4A; §§ 51-54, and adds to Federal Rule 21 the requirement of a hearing before parties may be dropped or added.
Plain-English Summary
Rule 21 keeps a party mistake from ending a case. Misjoinder—joining the wrong party—is not a ground for dismissal. Instead, at any stage and on just terms, the court may drop or add parties on a party's motion or on its own after a hearing, and it may sever any claim against a party to proceed separately. The rule turns what used to be fatal pleading errors into adjustments the court can make as the case develops.
Frequently Asked Questions
Can a case be dismissed because the wrong party was named?
No. Rule 21 provides that misjoinder of parties is not a ground for dismissal. The court drops, adds, or severs parties as justice requires.
How are parties added or dropped?
By order of the court, on motion of any party or on the court's own initiative after a hearing, at any stage of the action and on terms that are just.