Neither misjoinder of parties nor misjoinder of parties and claims is ground for dismissal of an action; but on such terms as are just parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action. Any claim against a party may be severed and proceeded with separately.
Rule 21.Procedure upon misjoinder and nonjoinder.
Last verified July 3, 2026
In one sentenceRule 21 makes clear that misjoinder of parties or claims is never grounds for dismissing a lawsuit, letting the court instead add or drop parties, or sever any claim, on its own initiative or on motion, at any stage and on terms that are just.
Full Text of Rule 21
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 21 states plainly that neither misjoinder of parties nor misjoinder of parties and claims is a ground for dismissing an action. Instead, the court may add or drop parties by order, on motion of any party or on its own initiative, at any stage of the case and on whatever terms are just. Any claim against a party may be severed from the rest of the action and proceeded with separately, letting the properly joined parties move forward without being held up by a defect in who else is in the case.
Frequently Asked Questions
Can a North Carolina lawsuit be thrown out because the wrong parties were included?
No. Rule 21 states that misjoinder of parties, or of parties and claims, is never grounds for dismissal.
Who can ask the court to add or drop a party under Rule 21?
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 happens to a claim against a party the court decides to sever?
It proceeds separately from the rest of the action, rather than being dismissed along with the misjoined party.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 21). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: misjoinder of partiesnonjoinderdropping or adding partiesseverance of claimsdismissal not required for misjoinder