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Rule 41. Misjoinder and Non-Joinder of Parties


Misjoinder of parties is not ground for dismissal of an action. Parties maybe dropped or added, or suits filed separately maybe consolidated, or actions which have been improperly joined may be severed and each ground of recovery improperly joined may be docketed as a separate suit between the same parties, by order of the court on motion of any party or on its own initiative at any stage of the action; provided that where an error of misjoinder or non-joinder may be cured by adding or dropping a party after judgment of the trial court without detriment to the substantial rights of any of the parties, the court in which the cause is pending may allow the joinder or dropping of such party on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Source: Federal Rule 21.

Change: Addition of provision for adding and dropping parties and for consolidation of suits and for severing actions in case of misjoinder of parties of causes.

Oct. 29, 1940, eff. Sept. 1, 1941.


March 31, 1941, eff. Sept. 1, 1941