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Rule 1.236 – Remedy for misjoinder

May 13, 2021 | Civil Procedure, Iowa

1. 236(1)Parties. Misjoinder of parties is no ground for dismissal of the action, but parties may be dropped, or aligned according to their true interests in the action, by order of the court on its own motion or that of any party at any stage of the action, on such terms as are just; or any claim against a party improperly joined may be severed and proceeded with separately.
1. 236(2)Actions. The only remedy for improper joinder of actions shall be by motion. On such motion the court shall either order the causes docketed separately or strike those causes which should be stricken, always retaining at least one cause docketed in the original case. Before ruling on such motion, the party whose pleading is attacked may withdraw any of the causes claimed to be misjoined.

Iowa. R. Civ. P. 1.236

Report 1943; October 31,1997, effective January 24, 1998;November 9, 2001, effective February 15, 2002.

COMMENT:Rule 1.236(1) is very similar to Fed. R. Civ. P. 21. While neither rule provides expressly for realignment of parties, and no case law exists in Iowa on the authority of a court to realign parties, federal courts have interpreted Fed. R. Civ. P. 21 to allow realignment of parties according to their true interests. See First National Bank of Shawnee Mission v. Roland Park State Bank, 357 F. Supp. 708, 711 (D. Kan. 1973); Wright, Miller & Kain, Federal Practice and Procedure, Civil 2d, ? 1683, at 448 (1986); 3A Moore’s Federal Practice, ? 21.02, at 21-23 (1993).