A. PERMISSIVE JOINDER AS PLAINTIFFS OR DEFENDANTS All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
Rule 28.Joinder of Parties
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 28 lets multiple people join as plaintiffs, or be joined as defendants, whenever their claims arise from the same transaction or occurrence and share a common question of law or fact, and lets the court order separate trials to prevent unfairness.
Full Text of Rule 28
B. SEPARATE TRIALS The court may make such orders as will prevent a party from being embarrassed, delayed, or put to unnecessary expense by the inclusion of a party against whom that party asserts no claim and who asserts no claim against that party. The court may order separate trials or make other orders to prevent delay or prejudice.
Amendment History
[CCP 12/2/78]
Plain-English Summary
Rule 28A sets the test for bringing multiple people into one lawsuit as plaintiffs or defendants. Two conditions have to be met: the claims have to arise out of the same transaction, occurrence, or series of transactions or occurrences, and at least one question of law or fact common to everyone joined has to arise in the action. Plaintiffs who meet that test can join even if their rights to relief are not identical — the rights can be joint, several, or asserted in the alternative — and the same standard governs joining multiple defendants. No plaintiff or defendant has to be interested in every bit of relief sought in the case, and the judgment can sort out different outcomes for different parties: some plaintiffs may recover and others not, and different defendants can be held liable to different degrees.
A car accident with several injured passengers suing the same driver is a common illustration — the claims share one event and common questions about how the accident happened, even though each passenger’s injuries and damages differ.
Rule 28B is a safety valve. Even when joinder is proper under Section A, a party can end up stuck in a case despite having no claim against, and facing no claim from, one of the other parties involved. Rule 28B lets the court order separate trials, or issue other orders, so that party is not embarrassed, delayed, or put to unnecessary expense by staying joined to a dispute it has no stake in.
Frequently Asked Questions
Can people with different amounts of damages still sue together in one case?
Yes. Rule 28A allows joinder as plaintiffs even though a plaintiff need not be interested in obtaining all the relief demanded, and the judgment can award different relief to different plaintiffs according to their respective rights.
What has to be true before several defendants can be sued together in Oregon?
Under Rule 28A, the right to relief asserted against them must arise out of the same transaction, occurrence, or series of transactions or occurrences, and a question of law or fact common to all the defendants must arise in the action.
If I’m joined as a defendant but the plaintiff has no real claim against me, can I do anything about it?
Yes. Rule 28B lets the court order separate trials or other measures to prevent a party from being embarrassed, delayed, or put to unnecessary expense by inclusion in a case where that party asserts no claim against, and faces no claim from, another party.
Do all the joined plaintiffs need identical legal theories?
No. Rule 28A allows plaintiffs to join if they assert a right to relief jointly, severally, or in the alternative, as long as it arises from the same transaction or occurrence and shares a common question of law or fact.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 28). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as: suing multiple defendants in one lawsuitcan several plaintiffs sue together in Oregonjoining parties who share a common question of factseparate trials to avoid prejudice to a defendantmultiple passengers suing after the same car accident