Rule 20.Permissive Joinder of Parties
Group IV: Parties · Last amended March 1, 2011 · Last verified July 15, 2026
Full Text of Rule 20
Explanatory Note
Rule 20 was amended, effective March 1, 2011. This rule is derived from Fed.R.Civ.P. 20. Rule 20 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (b) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Plain-English Summary
Rule 20(a) sets a single two-part test for joining multiple plaintiffs or defendants. Plaintiffs may join in one action if they assert a right to relief jointly, severally, or in the alternative arising out of the same transaction, occurrence, or series of transactions or occurrences, and a question of law or fact common to all of them will arise in the case. Defendants may be joined under the identical test, asserted against them instead of by them. Neither a plaintiff nor a defendant has to be interested in every form of relief demanded — the court can grant judgment to particular plaintiffs according to their own rights and against particular defendants according to their own liabilities, without treating the whole group as standing or falling together.
Because permissive joinder can pull in parties whose connection to each other is thin, Rule 20(b) gives the court a way to manage the resulting case. It may issue protective orders, including separate trials, to shield a party from embarrassment, delay, expense, or other prejudice caused by being joined with someone against whom it asserts no claim and who asserts none against it.
Frequently Asked Questions
When can multiple plaintiffs join together in one North Dakota lawsuit?
Rule 20(a)(1) allows it when the plaintiffs assert a right to relief jointly, severally, or in the alternative arising from the same transaction, occurrence, or series, and a common question of law or fact will arise for all of them.
Do all the joined defendants have to be liable for the exact same thing?
No. Rule 20(a)(3) makes clear that neither a plaintiff nor a defendant needs to be interested in obtaining or defending against all the relief demanded — the court can grant judgment to particular plaintiffs and against particular defendants according to their own individual rights and liabilities.
Does every joined party have to want every kind of relief requested in the case?
No. Rule 20(a)(3) states this directly, and it's what allows a multi-party case to hold together even when different plaintiffs or defendants care about different pieces of the overall relief sought.
Can the court separate my case from a co-party's case if joinder becomes unfair?
Yes. Rule 20(b) lets the court order separate trials or other protective measures to guard a party against embarrassment, delay, expense, or other prejudice arising from joinder with a party it has no claim against and that has no claim against it.
What is the difference between Rule 19 and Rule 20 joinder?
Rule 19 requires joining certain persons when the case cannot proceed adequately or completely without them. Rule 20 is permissive — it allows plaintiffs or defendants who share a common question and a connected transaction or occurrence to join voluntarily, without requiring it.