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 21.Misjoinder and non-joinder of parties
Part IV: Parties · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 21 says suing the wrong person, or leaving someone out, is never by itself a reason to throw out a case — the court just adds, drops, or separates parties instead.
Full Text of Rule 21
Plain-English Summary
Mistakes about who belongs in a lawsuit happen, and Rule 21 keeps them from being fatal. Misjoinder of parties — naming someone who should not be in the case — is not grounds for dismissal. Instead, the court can drop or add parties on its own initiative or on any party's motion, at any point in the case, on whatever terms are fair. If one claim against a party does not belong with the rest of the case, the court can sever it and let it proceed as its own separate action rather than dismissing anything outright.
Frequently Asked Questions
Can a case be dismissed because the wrong person was named as a party?
No. Rule 21 makes clear that misjoinder of parties is never grounds for dismissal. The court fixes the problem by adding or dropping parties instead.
Can the court add or remove a party without either side asking?
Yes. Rule 21 lets the court act on its own initiative, as well as on a party's motion, to add or drop parties at any stage of the case.
What does it mean to "sever" a claim under this rule?
It means the court splits a claim against a particular party out of the main case and lets it proceed as its own separate lawsuit, rather than keeping everything bundled together or dismissing anything.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: misjoinder of partieswrong party named in lawsuitdropping or adding a partysevering a claim