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Rule 52.05 – Who May Join as Plaintiff and Defendant-Protective Orders, When

May 13, 2021 | Civil Procedure, Missouri

(a) Permissive Joinder. All persons may join in one action as plaintiffs 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 of them will arise in the action. All persons may be joined in one action as defendants 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, occurrences or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
(b) Separate Trials-Protective Orders. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a person as a party against whom the party asserts no claim and the person asserts no claim against the party and may order separate trials or make other orders to prevent delay or prejudice.

Mo. R. Civ. P. 52.05

Adopted April 21, 1972, eff. Dec. 1, 1972. Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Committee Note-1974

This is the same as prior Rule 52.05.

Compare: Rule 20 of the Federal Rules of Civil Procedure.