Misjoinder of parties is not ground for dismissal of an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
Rule 21.Misjoinder and nonjoinder of parties
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 21 states that misjoinder of parties is never grounds to dismiss a whole action, and lets the court add, drop, or sever parties or claims on its own or on motion, at any time and on just terms.
Full Text of Rule 21
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 21 delivers a short, clear message: getting the parties wrong isn't fatal to a case. If someone was joined who shouldn't have been, or someone required is missing, the fix is to add or drop that party — not to throw out the whole lawsuit.
The court can make that fix on its own or on a party's motion, at any point in the case, on terms that are just to everyone involved. The rule also lets the court sever any claim against a party into its own separate action, which can help when one claim doesn't belong with the rest of the case.
Frequently Asked Questions
Can a case be dismissed just because the wrong parties were joined?
No. Rule 21 expressly states that misjoinder of parties is not a ground for dismissing an action.
How does a court fix a misjoinder problem?
By adding or dropping a party, on motion or on its own, at any time in the case, on terms that are just to the parties involved.
Can a court split off just one claim against a party rather than the whole case?
Yes. Rule 21 lets the court sever any claim against a party into its own separate proceeding.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 21). 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: misjoinder of partiesdropping a partysevering a claim