Rule 1-021.Misjoinder and nonjoinder of parties
Last verified June 26, 2026
In one sentenceRule 1-021 provides that misjoinder of parties is not a ground for dismissal and lets the court add, drop, or sever parties at any stage on just terms.
Full Text of Rule 1-021
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.
End
Plain-English Summary
This short rule keeps party mistakes from sinking a case. Misjoinder of parties is never a ground for dismissing the action. Instead, the court may add or drop parties—on a party’s motion or on its own—at any stage and on terms that are just, and it may sever any claim against a party to proceed separately.
Frequently Asked Questions
Can a case be dismissed because the wrong parties were joined?
No. Misjoinder of parties is not a ground for dismissal; the court instead adds, drops, or severs parties as justice requires.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-021 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: misjoindernonjoinderdropping partiesadding partiesseverance