MISJOINDER AND NONJOINDER OF PARTIES 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 30.Misjoinder and Nonjoinder of Parties
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 30 keeps a lawsuit from being thrown out just because the wrong parties were joined, letting the court add or drop parties on its own or on any party’s motion at any stage, and allowing claims against a single party to be tried separately.
Full Text of Rule 30
Amendment History
[CCP 12/2/78]
Plain-English Summary
Rule 30 is a curative rule — it keeps joinder mistakes from sinking an otherwise sound case. If a party was joined who should not have been (misjoinder), or if someone who should have been a party was left out (nonjoinder), that alone is not a ground to dismiss the action. Instead, the court can add or drop parties by order, on motion by any party or on the court’s own initiative, at any point in the case, on whatever terms are just.
The rule also allows severance: any claim against a party can be split off and proceeded with separately. That gives a court room to keep a case moving against the parties who belong in it while handling a misjoined party’s claim on its own track, rather than forcing an all-or-nothing outcome.
Frequently Asked Questions
Can a case be dismissed just because the wrong person was named as a party?
No. Rule 30 states that misjoinder of parties is not a ground for dismissal of an action.
Who can ask the court to add or drop a party from a case?
Rule 30 allows parties to be dropped or added by order of the court on motion of any party, or on the court’s own initiative, at any stage of the action.
Can a claim against one defendant be separated out and handled on its own?
Yes. Rule 30 allows any claim against a party to be severed and proceeded with separately.
Is there a deadline for fixing a misjoinder or nonjoinder problem?
No. Rule 30 allows the court to add or drop parties at any stage of the action, on such terms as are just.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 30). 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: wrong party named in an Oregon lawsuitadding or dropping a party from a casesevering a claim against one defendantmisjoinder is not grounds for dismissalcourt adds a party on its own initiative