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Rule 2.207.Misjoinder and Nonjoinder of Parties

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.207 says that joining the wrong party or leaving someone out is never, by itself, a reason to throw out a Michigan lawsuit, since the court can add or drop parties as the case goes along instead.

Full Text of Rule 2.207

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Misjoinder of parties is not a ground for dismissal of an action. Parties may be added or dropped by order of the court on motion of a party or on the court's own initiative at any stage of the action and on terms that are just. When the presence of persons other than the original parties to the action is required to grant complete relief in the determination of a counterclaim or cross-claim, the court shall order those persons to be brought in as defendants if jurisdiction over them can be obtained. A claim against a party may be severed and proceeded with separately.

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Misjoinder of parties is not grounds for dismissing an action. Parties can be added or dropped by court order, whether a party asks for it by motion or the court raises it on its own initiative, at any point in the case and on terms the court finds just. When resolving a counterclaim or cross-claim requires bringing in someone beyond the original parties, the court orders that person brought in as a defendant if it can get jurisdiction over them. A claim against a party can also be severed and pursued on its own.

Frequently Asked Questions

Does suing the wrong party or forgetting someone doom my case?

No. Rule 2.207 says misjoinder isn't grounds for dismissing an action; the court can add or drop parties instead.

Who can ask the court to add or remove a party?

Any party can move for it, or the court can act on its own initiative, at any point in the case.

What if resolving a counterclaim or cross-claim requires someone not yet in the case?

The court orders that person brought in as a defendant if it can obtain jurisdiction over them.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.207). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source
Also known as: misjoinder Michigannonjoinder of parties Michiganadding or dropping parties Michigan