Rule 52.05.Who may Join as Plaintiff and Defendant--Protective Orders, When.
Part I · Rule 52: Parties · Last amended January 1, 1994 · Last verified July 22, 2026
Full Text of Rule 52.05
Amendment History
Adopted April 21, 1972, eff. Dec. 1, 1972. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is the same as prior Rule 52.05. Compare: Rule 20 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 52.05 permits — it does not require — multiple parties to be combined in a single case. Plaintiffs may join together if they assert any right to relief jointly, severally, or in the alternative, arising out of the same transaction, occurrence, or series of transactions or occurrences, and if a common question of law or fact will arise among them. The same standard applies to joining multiple defendants. No plaintiff or defendant needs to be interested in every item of relief sought; the court gives judgment for each plaintiff according to that plaintiff's own rights, and against each defendant according to that defendant's own liability.
Because permissive joinder can sweep in parties whose connection to the case is thinner than others', Rule 52.05(b) gives the court tools to manage the resulting case: it may enter orders preventing a party from being embarrassed, delayed, or put to needless expense by being joined alongside someone against whom that party asserts no claim and who asserts no claim against them, and it may order separate trials or other measures to prevent delay or prejudice.
The rule serves a practical purpose. Where several people were hurt in the same accident, or several defendants contributed to the same harm, permissive joinder lets one lawsuit resolve the shared questions instead of forcing repeat trials over the same facts, while the court's power to sever or separately try claims keeps that efficiency from turning into unfairness for any one party.
Frequently Asked Questions
When can multiple plaintiffs join in one lawsuit under Rule 52.05?
When they assert any right to relief jointly, severally, or in the alternative arising from the same transaction, occurrence, or series of transactions or occurrences, and a common question of law or fact will arise among them.
Does every joined plaintiff have to want the same relief?
No. Rule 52.05 says a plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. The court can give judgment for one or more plaintiffs, and against one or more defendants, according to their respective rights and liabilities.
Can defendants be joined even if the claims against them differ somewhat?
Yes, so long as the claims against them are asserted jointly, severally, or in the alternative and arise from the same transaction or occurrence, with a common question of law or fact among them.
What can a party do if being joined with others creates unfair delay or expense?
Rule 52.05(b) lets the court enter protective orders to prevent embarrassment, delay, or expense from being joined with a party against whom no claim runs either way, and it can order separate trials or other measures to prevent delay or prejudice.
How is Rule 52.05 different from Rule 52.04?
Rule 52.05 governs permissive joinder — parties who may choose to combine related claims in one case. Rule 52.04 governs required joinder — parties who must be brought in because complete relief or protection of their interests demands it.