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Rule 20.Permissive joinder of parties

Group IV: Parties · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 20 allows multiple plaintiffs or defendants to join in one action whenever their claims arise from the same transaction or occurrence and share a common question of law or fact, while giving the court power to order separate trials to prevent prejudice or unfair expense.

Full Text of Rule 20

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(a) Permissive Joinder . All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of 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 of 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.
(b) Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.

Notes

Note: This Rule 20(a) is substantially the same as the Federal Rule. This rule liberalizes joinder in State practice. It overrules cases like Hellams v. Switzer, 24 S.C. 39 (1885) which denied joinder to upstream farmers damaged by defendant's dam, because their interests were not identical as to damages required.

Note: This Rule 20(b) provides additional authority for separate trials when liberal joinder may produce prejudice or inconvenience for some of the parties.

Plain-English Summary

Rule 20(a) sets a two-part test for joining multiple parties on either side of a case. On the plaintiffs' side, people can join together if they assert a right to relief jointly, severally, or in the alternative, arising out of the same transaction, occurrence, or series of transactions or occurrences, and if a common question of law or fact will come up in the case. The same test applies to joining multiple defendants. Neither test requires every party to want the same outcome — a plaintiff or defendant doesn't have to be interested in every form of relief sought, and the court can rule for some plaintiffs and against others, or hold some defendants liable while clearing others, all in the same judgment.

This is a permissive joinder rule, not a mandatory one — it lets related claims be tried together to save time and avoid inconsistent results, but it doesn't force anyone to join. Its practical effect is to let a group of people harmed by the same event bring one case instead of several, even if the extent of harm differs from person to person, as long as their claims share that common transactional thread and at least one common question.

Rule 20(b) supplies the same safeguard found elsewhere in these rules: because permissive joinder can pull in a party with only a tangential stake in the case, the court can order separate trials, or make other orders, to keep that party from being embarrassed, delayed, or put to expense by claims that don't involve them.

Frequently Asked Questions

What has to be true for multiple plaintiffs to join in one lawsuit?

Rule 20(a) requires that they assert a right to relief jointly, severally, or in the alternative, arising out of the same transaction, occurrence, or series of transactions or occurrences, and that a common question of law or fact will arise in the action.

Does every joined plaintiff have to want the same relief?

No. Rule 20(a) states that a plaintiff or defendant doesn't need to be interested in obtaining or defending against all the relief demanded, and judgment can be entered for or against parties according to their own respective rights or liabilities.

Is joinder under Rule 20 required, or optional?

It's permissive. Rule 20 lets parties with related claims join in a single action; it doesn't require anyone to do so.

Can defendants be joined even if their individual liability differs?

Yes, as long as the claims against them arise from the same transaction, occurrence, or series of transactions or occurrences and share a common question of law or fact. Rule 20(a) allows judgment against one or more defendants according to their respective liabilities.

What can the court do if joining a party under Rule 20 causes prejudice?

Rule 20(b) allows the court to order separate trials or make other orders to prevent a party from being embarrassed, delayed, or put to expense by being included when no claim runs between that party and another in the case.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
Also known as: permissive joinder of partiesjoining plaintiffs or defendantsmultiple defendants in one lawsuitsame transaction or occurrence joinder