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
Last amended July 1, 1970 · Last verified July 1, 2026
In one sentenceRule 21 makes clear that joining the wrong party or leaving out the right one is never grounds to throw out a case, since the court can add or drop parties, or split off a misjoined claim to proceed on its own, at any stage and on whatever terms are fair.
Full Text of Rule 21
Amendment History
Effective Date: July 1, 1970
Plain-English Summary
Misjoinder of parties — naming someone as a plaintiff or defendant who should not be in the case, or failing to include someone who should be — is not, by itself, a reason to dismiss an action. Instead, the court may add or drop parties on motion of any party or on its own initiative, at any stage of the case, on terms that are just to everyone involved. If a particular claim against a party has been improperly joined with the rest of the case, the court may sever that claim and let it proceed as its own separate action rather than dismissing anything.
Frequently Asked Questions
Can a lawsuit be dismissed just because the wrong party was named?
No. Rule 21 treats misjoinder or nonjoinder of parties as a correctable defect, not a reason for dismissal. The remedy is to add or drop the party, not to throw out the case.
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 litigation.
What happens to a claim that was improperly combined with other claims in the same lawsuit?
The court may sever it under Rule 21 and let it proceed separately, rather than dismissing the claim or the rest of the case.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 21). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: misjoinder of partiesnonjoinder of partiesdropping or adding partiesseverance of claims