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 of 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.
Rule 52.06.Misjoinder and Nonjoinder of Parties.
Part I · Rule 52: Parties · Last amended December 1, 1972 · Last verified July 22, 2026
In one sentenceRule 52.06 provides that misjoining parties is never grounds to dismiss a case, and instead lets the court add or drop parties at any stage, on motion or on its own, on terms it finds just, including severing a claim against one party for separate handling.
Full Text of Rule 52.06
Amendment History
Adopted April 21, 1972, eff. Dec. 1, 1972.
Official Comment
This is the same as prior Rule 52.06(a). Compare: Rule 21 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 52.06 removes a trap that once plagued civil litigation: getting the party lineup wrong. Under this rule, misjoinder of parties is not a ground for dismissing an action. If someone was joined who should not have been, or if a party who belongs in the case was left out, the answer is to fix the lineup, not to throw the whole case out.
The mechanism is simple. Parties may be dropped or added by court order, on motion of any party or on the court's own initiative, at any stage of the action, and on whatever terms the court finds just. Any claim against a party may be severed and proceeded with separately, letting the court isolate a problematic claim without disturbing the rest of the case.
The rule reflects a preference for deciding cases on their merits instead of on a technical error in who was named. Instead of forcing a plaintiff to refile after a party-naming mistake, the court can correct the lineup mid-case and keep the litigation moving.
Frequently Asked Questions
What is “misjoinder” of parties?
It refers to a case being filed with the wrong combination of parties — someone included who should not have been, or someone left out who should have been. Rule 52.06 addresses what happens when that occurs.
Can a case be dismissed just because the wrong parties were joined?
No. Rule 52.06 states directly that misjoinder of parties is not a ground for dismissal of an action.
Who can ask the court to add or drop a party?
Any party may move for it, and the court may also act on its own initiative, at any stage of the action and on terms the court finds just.
What does it mean to “sever” a claim under this rule?
It means the court proceeds with a claim against one party separately from the rest of the case, so that claim can be resolved on its own schedule without holding up the other claims.
Does the court need every party's consent to drop someone from the case?
No. Rule 52.06 lets the court order a party added or dropped on motion of any party or on its own initiative, without requiring the consent of all parties, so long as the terms it sets are just.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: misjoinder of partiesnonjoinder of partiesadding or dropping partiesseverance of claims