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Rule 41. Misjoinder and Non-Joinder of Parties (Mar1941)


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, before the time of submission to the jury or to the court if trial is without a jury, on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Amended by order of March 31, 1941, eff. Sept. 1, 1941: The procedure "after judgment" is eliminated.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941