Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or upon the court’s 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.
Rule 21.Misjoinder and Nonjoinder of Parties
Last verified July 1, 2026
In one sentenceRule 21 makes clear that adding or leaving out the wrong party does not automatically doom a lawsuit, since the court can add or drop parties as the case goes along.
Full Text of Rule 21
Plain-English Summary
Rule 21 is short and practical. Getting the parties wrong in a lawsuit — naming someone who should not be there, or leaving out someone who should — is not grounds for throwing the whole case out. Instead, the court can add or drop parties by order, whether a party asks for it or the court raises the issue on its own, at any point in the case and on whatever terms are fair under the circumstances. If a particular claim against one party does not belong with the rest of the case, the court can sever it out and let it proceed separately.
Frequently Asked Questions
If I sued the wrong company by mistake, will my case get dismissed?
Not automatically for that reason alone. Misjoinder of parties is not grounds for dismissal, and the court can drop or add parties instead.
Can the court add or remove a party without anyone asking it to?
Yes, the court can act on the motion of any party or on its own initiative, at any stage of the case.
Can a claim against one defendant alone be separated out from the rest of the case?
Yes, any claim against a party may be severed and proceeded with separately.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 21). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: misjoinder rule