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SCRCP 21

Misjoinder and Non-joinder of Parties

activein force · 2026-10-02 – presentcompiled-edition

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 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.

Note:

This Rule 21 is the same as the Federal Rule. Presently, Code § 15-13-320(4) permits a

demurrer for "defect" of parties, and dismissal of the action is possible. The demurrer

is abolished by Rule 7(c), but Rule 12(b)(7) permits a motion to dismiss for failure to

join a truly "indispensable" party. With this situation provided for, there is no practical

reason why misjoinder should result in dismissal, and this Rule 21 empowers the court

to add or drop parties as may be appropriate.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-01-print-version-2026-10-02
Content hash
c2c08e935f190d7c83d98c4e4472037cfd3bf154305f8153e930a770f452c823
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