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Rule 3-213.Misjoinder and nonjoinder of parties

District Court · Last amended January 1, 2004 · Last verified July 13, 2026

In one sentenceRule 3-213 says misjoinder of parties is never grounds for dismissing a District Court case, and lets the court add or drop parties at any stage, on just terms, so long as one original plaintiff and one original defendant remain.

Full Text of Rule 3-213

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Misjoinder of parties is not ground for dismissal of an action. So long as one of the original plaintiffs and one of the original defendants remain as parties to the action, parties may be dropped or added (a) by amendment to a pleading pursuant to Rule 3-341 or (b) by order of the court on motion of any party or on 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.

Amendment History

Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004.

Committee Note & Source

Source. This Rule is derived from the 1937 version of Fed. R. Civ. P. 21.

Plain-English Summary

Getting the party list wrong doesn't sink a case in District Court. Rule 3-213 makes clear that misjoinder — including too many or the wrong parties — is not a ground for dismissal. As long as at least one of the original plaintiffs and one of the original defendants stay in the case, parties can be added or dropped by amending a pleading under Rule 3-341, or by court order on any party's motion or the court's own initiative, at any stage of the litigation and on whatever terms are just.

The rule also allows severance: a claim against a particular party can be split off and pursued separately from the rest of the case, which keeps one party's unrelated dispute from holding up the others.

Frequently Asked Questions

Can a Maryland District Court case be dismissed because the wrong parties were included?

No. Rule 3-213 states directly that misjoinder of parties is not a ground for dismissal.

How are parties added or dropped once a District Court case is already filed?

By amending a pleading under Rule 3-341, or by court order on a party's motion or the court's own initiative, at any stage of the action and on just terms.

Is there a deadline for adding or dropping parties?

Not a fixed one — the rule allows it at any stage of the action, as long as fairness ('just terms') and the one-plaintiff, one-defendant floor are respected.

What does it mean to "sever" a claim against a party?

It means splitting that claim off from the rest of the case so it can proceed as its own separate matter.

Does at least one original party have to stay in the case?

Yes. Rule 3-213 requires that one of the original plaintiffs and one of the original defendants remain parties throughout, even as other parties are added or dropped.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source
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