Rule 21 – Misjoinder and Non-Joinder of Parties

May 13, 2021 | Civil Law, Massachusetts

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative, after hearing, at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Mass. R. Civ. P. 21

Effective July 1, 1974.

Reporter’s Notes (1973): Rule 21 embodies prior law: G.L. c. 231, § 4A; §§ 51-54, and adds to Federal Rule 21 the requirement of a hearing before parties may be dropped or added.