Rule 7021 Misjoinder and Nonjoinder of Parties

Federal Rule of Civil Procedure 21 controls what happens when the wrong parties are included in a lawsuit or when someone who should be part of the case is left out.

If a party was added to a case by mistake, the court can remove them without throwing out the whole case. If someone who should have been included was left out, the court can add them. The rest of the case keeps moving forward either way.

This same process applies when the dispute is an adversary proceeding in a bankruptcy case. An adversary proceeding is a separate lawsuit filed within a bankruptcy case, such as when someone sues to challenge a debt or recover money.