Rule 20 – Permissive Joinder of Parties

May 15, 2021 | Delaware, Family Law

(a) Permissive joinder. All persons may join in one action as petitioners if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as respondents if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all respondents will arise in the action. A petitioner or respondent need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the petitioners according to their respective rights to relief, and against one or more respondents according to their respective liabilities.

(b) Separate trials. The Court may make such orders as will prevent one party from being embarrassed, delayed, or put to expense by the inclusion of an additional party against whom the original party asserts no claim and who asserts no claim against the original party, and may order separate trials or make other orders to prevent delay or prejudice.

Del. Fam. Ct. R. Civ. P. 20