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 21.Misjoinder and Nonjoinder of Parties
Chapter IV: Parties · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 21 makes clear that misjoinder of parties is never grounds to dismiss a case, and instead lets the court add or drop parties on its own initiative or on any party's motion, at any stage of the action and on whatever terms are just.
Full Text of Rule 21
Advisory Committee Notes
Rule 21 applies, for example, when: (1) the joined parties do not meet the requisites of Rule 20; (2) no relief has been demanded from one or more of the parties joined as defendants; (3) no claim for relief is stated against one or more of the defendants; (4) one of several plaintiffs does not seek any relief against the defendant and is without any real interest in the controversy. Rules 17 and 19 should be used as reference points for what is meant by nonjoinder in Rule 21. Thus, Rule 21 simply describes the procedural consequences of failing to join a party as required in Rules 17 and 19.
Plain-English Summary
Rule 21 is short, but it removes a trap that used to plague litigants: joining the wrong mix of parties no longer threatens the whole case. The rule states plainly that misjoinder of parties is not a ground for dismissal. Instead of losing the case over a joinder problem, the court can add or drop parties by order — on motion of any party, or on the court's own initiative — at any stage of the litigation and on terms that are just under the circumstances.
Rule 21 comes into play in a handful of recurring situations: when parties were joined without meeting the requirements of Rule 20, when no relief is sought from one of the named defendants, when no claim for relief is stated against a defendant, or when one of several plaintiffs has no real stake in the controversy and seeks no relief from the defendant. In each case, the fix is the same — the court corrects the lineup of parties rather than throwing out the whole action.
The rule also lets the court sever a claim against a particular party and let it proceed separately. That flexibility means a case with one defective claim or one party who does not belong does not have to derail the claims that are properly before the court; the court can trim the case down to what belongs in it and let the rest continue.
Frequently Asked Questions
If I joined the wrong parties in my lawsuit, will the case get dismissed?
No. Rule 21 specifically states that misjoinder of parties is not a ground for dismissal of an action. The court instead has the power to add or drop parties by order to fix the problem.
Who can ask the court to add or drop a party under Rule 21?
Any party can move for it, and the court can also act on its own initiative, at any stage of the action and on terms that are just.
What kinds of joinder problems does Rule 21 typically address?
Rule 21 commonly applies when the joined parties do not satisfy Rule 20's requirements, when no relief has been demanded from a joined defendant, when no claim for relief is stated against a defendant, or when one of several plaintiffs has no real interest in the dispute.
Can a claim against one party be separated out and handled on its own?
Yes. Rule 21 allows any claim against a party to be severed and proceeded with separately, which lets the rest of the case move forward without that claim.
How does Rule 21 relate to Rules 17 and 19?
Rules 17 and 19 define what counts as required or proper parties and what nonjoinder means. Rule 21 describes the procedural fix — adding, dropping, or severing parties — when a case runs into a joinder or nonjoinder problem under those rules.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: misjoinder of parties mississippidropping or adding parties to lawsuitwrong parties named in complaintsevering a claim against one defendantmrcp nonjoinder fix