Joinder of Parties (Required and Permissive)

When the joinder of parties is used

Timing: when a party files the case or later adds parties. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 19 governs required joinder; Rule 20 governs permissive joinder of plaintiffs and defendants.
• Under Rule 20(a), parties may join in one action when the claims arise out of the same transaction or occurrence and share a common question of law or fact.
• Misjoinder of parties is not a ground for dismissing an action (Rule 21).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 19, 20 online. Also, the federal judiciary publishes the current rules and recent amendments.

The joinder of parties in state court

This page covers the federal version. In state court, the joinder of parties may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Joinder: combining parties or claims in a single lawsuit.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Failure to Join a Required Party: a motion arguing that a person who must be part of the case under Rule 19 has not been joined.
• Motion to Intervene: a request by a nonparty to join an existing lawsuit.
• Third-Party Complaint (Impleader): a defending party brings in a nonparty who is or may be liable to it for all or part of the claim against it.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.