Rule 21.Misjoinder and Nonjoinder of Parties.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 21
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
The first sentence does the heavy lifting. Naming the wrong party, or naming one too many, does not get a case thrown out. Misjoinder is a problem the court corrects inside the case, not a reason to start over.
The correction runs through a court order. Parties may be dropped or added by order of the court, on the motion of any party or on the court's own initiative, at any stage of the action and on such terms as are just. Two things follow from that wording. A party does not change the lineup by rewriting a caption, because the change takes an order. And because the court may attach terms, a change made late in the case can come with conditions.
The last sentence hands the court a separate tool. Any claim against a party may be severed and proceeded with separately, which lets a claim that does not fit the rest of the case move on its own track instead of holding everything else up.
Frequently Asked Questions
Will my case be dismissed if the wrong party was named?
No. Rule 21 states that misjoinder of parties is not ground for dismissal of an action. The court fixes the problem by dropping or adding parties.
How do I add or drop a party in a Rhode Island Family Court case?
Any party may move for it, and the change takes an order of the court. Rewriting the caption on your own papers does not accomplish it.
Can the court add or drop a party when nobody asked?
Yes. The rule lets the court act on its own initiative as well as on the motion of any party.
Is there a deadline for changing the parties?
The rule fixes none. It allows parties to be dropped or added at any stage of the action and on such terms as are just, so the court may attach conditions to a late change.
Can one claim be handled separately from the rest of the case?
Yes. The final sentence of Rule 21 provides that any claim against a party may be severed and proceeded with separately.