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Rule 20.Permissive joinder of parties

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 20 lets multiple plaintiffs join together or multiple defendants be joined in one action whenever their claims arise from the same transaction or series of transactions and share a common question of law or fact, while letting the court order separate trials to prevent prejudice.

Full Text of Rule 20

Text sizeJump to: (a) (b)

(a) Persons who may join or be joined.
(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action.
(2) Defendants. Persons or in rem may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.
(3) Extent of relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.
(b) Protective measures. The court may issue orders—including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Rule 20 is about choice, not necessity — it's the counterpart to Rule 19's required joinder. Plaintiffs can join together in a single lawsuit, or multiple defendants can be joined in one, whenever their claims arise out of the same transaction, occurrence, or series of transactions, and a question of law or fact common to all of them will come up in the case.

Neither a plaintiff nor a defendant has to be interested in every bit of relief the lawsuit seeks. The court can enter judgment for some plaintiffs and against some defendants without requiring everyone joined to win or lose together.

Joining multiple parties can create friction — a defendant with no real connection to a co-defendant's dispute might be embarrassed or burdened by being lumped into the same case. Rule 20(b) gives the court a release valve: it can order separate trials or other protective measures to shield a party from delay, expense, or other prejudice caused by parties against whom it has no claim and who have no claim against it.

Frequently Asked Questions

When can multiple plaintiffs join together in one lawsuit?

When their claims arise out of the same transaction, occurrence, or series of transactions, and a question of law or fact common to all of them will arise in the action.

Do all the joined defendants have to be liable for the same amount?

No. The court can grant judgment to one or more plaintiffs according to their own rights, and against one or more defendants according to their own liabilities — joinder doesn't require an all-or-nothing outcome.

What if joining several defendants together creates unfair prejudice to one of them?

The court can order separate trials or other protective measures under Rule 20(b) to shield a party from embarrassment, delay, expense, or other prejudice caused by being joined with parties it has no real dispute with.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 20). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: permissive joinderjoining multiple defendantsjoining multiple plaintiffs