Rule 20.Permissive joinder of parties
Group IV: Parties · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 20
Notes
Reporter’s Notes: This rule is identical to Federal Rule 20, with the omission of language pertaining to admiralty actions. Rule 20(a) is virtually identical to 12 V.S.A. § 1071a (now superseded), which was based on the federal rule. Rule 20(b) emphasizes the basic approach of all of the joinder provisions—complete joinder at the pleading stage with later severance if necessary. See Rule 42(b).
Plain-English Summary
Rule 20(a) sets the test for joining people who were not required to be joined under Rule 19. Multiple plaintiffs may join in one action 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 some question of law or fact common to all of them will come up in the case. The same test runs in reverse for defendants: they may be joined together if a right to relief is asserted against them arising from the same transaction or series of transactions, with a common question running through the claims. Neither a joined plaintiff nor a joined defendant needs to be interested in every bit of relief sought, and the court can enter judgment for some plaintiffs and against some defendants according to each one's own rights and liabilities, without treating the group as all-or-nothing.
Section (b) gives the court a check on that flexibility. When including a party would embarrass, delay, or put another party to expense -- particularly a party against whom no claim is asserted and who asserts no claim in return -- the court may enter orders to prevent that, including ordering separate trials or other measures to avoid delay or prejudice.
Frequently Asked Questions
What has to be true before multiple plaintiffs can join in one Vermont lawsuit?
Their claims must arise out of the same transaction, occurrence, or series of transactions or occurrences, and some question of law or fact must be common to all of them. Both conditions must be satisfied.
Can defendants be joined even if they are not equally liable?
Yes. Rule 20(a) allows joinder of defendants without requiring identical liability, and the court can render judgment for one or more plaintiffs and against one or more defendants according to each one's own rights and liabilities.
Does a joined plaintiff have to want every form of relief sought in the case?
No. Rule 20(a) states that a plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded in the action.
What can a party do if joinder under Rule 20 causes unfair delay or expense?
The party can ask the court for an order under Rule 20(b) preventing that harm, including a separate trial, particularly where the party has no claim against, and faces no claim from, the party whose joinder is causing the problem.
What is the difference between Rule 19 and Rule 20?
Rule 19 addresses when a person must be joined because the action cannot be justly resolved without them. Rule 20 addresses when parties may be joined by choice because their claims share a common transaction and a common question, even though the case could otherwise proceed without them.