Rule 20: Permissive Joinder of Parties
What is Permissive Joinder of Parties?
Rule 20 governs when multiple plaintiffs can sue together or multiple defendants can be sued together in the same lawsuit. Both prongs of a two-part test must be satisfied: first, the claims must arise out of the same transaction, occurrence, or series of transactions or occurrences; second, there must be at least one common question of law or fact.
Source: Fed. R. Civ. P. 20
Plain English Explanation
Rule 20 governs when multiple plaintiffs can sue together or multiple defendants can be sued together in the same lawsuit. Both prongs of a two-part test must be satisfied: first, the claims must arise out of the same transaction, occurrence, or series of transactions or occurrences; second, there must be at least one common question of law or fact.
This is a permissive rule — parties may join together but are not required to. A common example is a car accident involving multiple victims: they can all join as co-plaintiffs against the same defendant because their claims arise from the same occurrence (the accident) and share common factual questions (negligence, causation).
Even when joinder is proper under Rule 20, the court retains discretion to sever claims or order separate trials under Rule 42 if joint proceedings would be prejudicial, confusing, or unwieldy. Each party's claims must independently satisfy subject-matter jurisdiction (though supplemental jurisdiction under § 1367 may apply to some parties' claims in certain situations, as clarified by Exxon Mobil v. Allapattah).
Key Points
- 1Two requirements: same T/O (or series) AND a common question of law or fact
- 2Joinder is permissive, not compulsory — parties choose whether to join
- 3The court may sever claims or order separate trials if joinder causes prejudice
- 4Each party's claims must satisfy subject-matter jurisdiction independently (with limited supplemental jurisdiction)
- 5Rule 20 governs joinder of parties; Rule 18 governs joinder of claims
Common Exam Issues
- Whether claims arise out of the same transaction or occurrence for the first prong
- Whether there is a common question of law or fact for the second prong
- Supplemental jurisdiction over joined plaintiffs' claims after Exxon Mobil v. Allapattah
- Distinguishing Rule 20 (permissive party joinder) from Rule 19 (required party joinder)
Important Cases
Mosley v. General Motors Corp., 497 F.2d 1330 (8th Cir. 1974)
Exxon Mobil Corp. v. Allapattah Services, 545 U.S. 546 (2005)
Temple v. Synthes Corp., 498 U.S. 5 (1990)
Related Rules
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