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. In determining whether to add or drop parties under this section, the court shall consider if in the interest of justice such action provides a fair and convenient forum for all parties.
§ 2021.Misjoinder and Nonjoinder of Parties
Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2004 · Last verified August 3, 2026
In one sentenceSection 2021 provides that misjoinder of parties is never grounds to dismiss a case, letting the court add or drop parties, or sever any claim against a party, on its own initiative or a party's motion at any stage, considering whether doing so serves a fair and convenient forum.
Full Text of § 2021
Amendment History
Added by Laws 1984, SB 417, c. 164, §21, eff. 11/1/1984; Amended by Laws 2004, HB 2661, c. 368, §12, eff. 11/1/2004.
Plain-English Summary
This short section makes sure a pleading mistake about who's included in a lawsuit never sinks the whole case. Misjoinder, putting in a party who doesn't belong, isn't grounds for dismissal. Instead, the court can add or drop parties on its own initiative or on any party's motion, at any point in the case, on whatever terms are just, and can sever any claim against a party to proceed with separately. In deciding whether to add or drop a party, the court weighs whether doing so gives everyone involved a fair and convenient forum.
Frequently Asked Questions
Can a lawsuit be thrown out because the wrong party was included?
No -- this section states plainly that misjoinder of parties is not ground for dismissal of an action.
Who can ask the court to add or remove a party?
Any party can move for it, or the court can act on its own initiative, at any stage of the action.
What does the court consider when deciding whether to add or drop a party?
Whether doing so provides a fair and convenient forum for all parties, in the interest of justice.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma misjoinder of parties rule12 O.S. § 2021dropping or adding parties oklahoma lawsuitoklahoma FRCP 21 equivalent