RULE 21. MISJOINDER AND NON-JOINDER OF PARTIES
Misjoinder of parties is not a ground for
dismissal of dismissing an action. Parties may be
dropped or added by order of the court on motion of any party or of its own initiative at any
stage of the action and on such terms as are just On motion or on its own, the
court may at
any time, on just terms, add or drop a party. Any The court may
also sever any claim against
a party may be severed and proceeded with separately.
Rule 21 was amended, effective March 1, 2011.
Rule 21 is
identical to Rule derived from
Fed.R.Civ.P. 21 , FRCivP.
Rule 21 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of April 24-25,
2008, page 29; September 20-21, 1979, page 13;
Fed.R.Civ.P. 21 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §
N.D.R.Civ.P. 17 (Parties Plaintiff and Defendant - Capacity),
N.D.R.Civ.P. 18 (Joinder of Claims and Remedies), N.D.R.Civ.P. 19 (Joinder
Needed for Just Adjudication), N.D.R.Civ.P. 20 (Permissive Joinder of Parties),
N.D.R.Civ.P. 25 (Substitution of Parties), and N.D.R.Civ.P. 42
(Consolidation - Separate
Trials) , N.D.R.Civ.P.