Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
Rule 21.Misjoinder and Non-Joinder of Parties
Group IV: Parties · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 21 says misjoining or failing to join parties is never grounds to dismiss a case outright — the court can add or drop a party on just terms at any stage, or sever any claim against a party, instead.
Full Text of Rule 21
Explanatory Note
Rule 21 was amended, effective March 1, 2011. Rule 21 is derived from Fed.R.Civ.P. 21. Rule 21 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.
Plain-English Summary
Rule 21 breaks with an old common-law trap: under the historical pleading system, suing the wrong combination of parties could sink a case entirely. Rule 21 forecloses that outcome for civil actions in North Dakota. Misjoinder of parties — naming someone who should not have been joined, or naming parties together who do not belong in the same suit — is not a ground for dismissal.
Instead of dismissal, the rule gives the court a set of management tools. On its own initiative or on a party's motion, the court may add a party who should be part of the case or drop one who should not be, and it may do so at any time in the litigation, not only at the pleading stage. The rule requires that this happen on just terms, so a court adding or dropping a party should account for any prejudice that shift causes the remaining parties.
The rule also lets the court sever any claim against a party. Severance turns one claim loose from the rest of the case, which can let it proceed, be tried, or be resolved on its own timeline separate from the claims that stay behind. Together, these tools mean a joinder problem is something a court corrects along the way, not a reason to throw a case out.
Frequently Asked Questions
Can my whole case get dismissed because I sued the wrong combination of parties?
No. Rule 21 states directly that misjoinder of parties is not a ground for dismissing an action. The court addresses the problem by adding or dropping parties, not by throwing out the case.
What can a North Dakota court do instead of dismissing a case over a joinder problem?
On motion or on its own, the court may add or drop a party on just terms at any time in the case. It may also sever any claim against a party so that claim proceeds separately.
Does the court need a motion from a party before it can add or drop someone from the lawsuit?
No. Rule 21 allows the court to act either on motion or on its own initiative, so a judge who notices a joinder problem is not required to wait for a party to raise it.
What does it mean for the court to sever a claim under Rule 21?
Severing a claim separates it from the rest of the case so it can proceed, be tried, or otherwise be handled on its own, apart from the claims that remain in the original action.
Is there a deadline for the court to fix a misjoinder or non-joinder problem?
Rule 21 allows the court to add or drop a party at any time, so there is no fixed cutoff in the rule itself for correcting a joinder problem as the case moves forward.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as: nd misjoinder of partiesadd or drop a party north dakotasever claim nd rule 21wrong parties in lawsuit north dakotand rule 21 joinder problem