N.M. R. Civ. P. Dist. Ct. 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.
N.M. R. Civ. P. Dist. Ct. 1-021
For provision on separate trials, see Rule 1-042 NMRA. Compiler's notes. - This rule is deemed to have superseded 105-515, C.S. 1929, relating to misjoinder and nonjoinder in contract actions. Together with Rule 1-019, this rule is also deemed to have superseded 105-607, C.S. 1929, relating to bringing in new parties, and together with Rules 1-019 and 1-020 NMRA, this rule is deemed to have superseded 105-107, C.S. 1929, relating to joinder of persons who refuse to join in suit. Nonjoinder may require dismissal. - Both vendors and escrow agent were necessary parties in suit brought by purchasers for recovery of deposit placed in escrow, and cause was necessarily dismissed for want of jurisdiction where purchasers refused to amend to bring in the vendors. Loyd v. Southwest Underwriters, 1946-NMSC-006, 50 N.M. 66, 169 P.2d 238. Proper to join as individual wife who was at trial in representative capacity. - Where husband and wife were lessors of certain property, joinder of wife after trial in her individual capacity as an indispensable party plaintiff was proper in suit brought after husband's death against lessees and guarantors to recover unpaid and holdover rent, since wife had appeared at trial in her capacity as administratrix of husband's estate. Shirley v. Venaglia, 1974-NMSC-074, 86 N.M. 721, 527 P.2d 316. Necessary party may be joined at any stage of proceedings. - Joinder of title company which was necessary party to beneficiaries' action could be accomplished at any stage of the proceedings. Eldridge v. Salazar, 1970-NMSC-008, 81 N.M. 128, 464 P.2d 547. Even if it would have been better to require the joining of an administrator prior to trial, this rule permits this at any stage of the action. Smith v. Castleman, 1969-NMSC-166, 81 N.M. 1, 462 P.2d 135. Necessary and nonprejudicial joinder relates back. - After trial in an action for specific performance, where failure to join necessary and indispensable parties did not result in prejudice to previously named parties, the complaint may be formally amended by adding originally omitted parties, with the amendment relating back to the substitution of administratrix as plaintiff, and all proceedings thereafter. State ex rel. Skinner v. District Court, 1955-NMSC-106, 60 N.M. 255, 291 P.2d 301. Dismissal of defendant held within discretion of trial court. - Where one of defendants had been called as an adverse witness by plaintiff, subsequent dismissal of that defendant, with codefendant's consent at that time, was within wide discretion of trial judge. Silva v. Haake, 1952-NMSC-061, 56 N.M. 497, 245 P.2d 835. All parties on one side of lawsuit not one party. - These rules, as well as the common understanding of what is meant by a party to a lawsuit, are inconsistent with the position that all parties on one side of a lawsuit are but one party. Romero v. Felter, 1972-NMSC-032, 83 N.M. 736, 497 P.2d 738. Nonjoinable claims should be severed, not dismissed. - Where a plaintiff seeks relief under various nonjoinable statutory and common-law claims, the trial court errs in dismissing the statutory claims without prejudice, when it merely should sever them from the other claims. Ortega v. Shube, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323, overruled on other grounds, Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155. Law reviews. - For article, "The `New Rules' in New Mexico," see 1 Nat. Resources J. 96 (1961). For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 8 Am. Jur. 2d Automobiles and Highway Traffic §1045; 14 Am. Jur. 2d Carriers §1135; 59 Am. Jur. 2d Parties §§252 et seq., 259 et seq. Misjoinder of parties as ground for plea in abatement, 1 A.L.R. 362. Appealability of order sustaining demurrer, or its equivalent, to complaint on ground of misjoinder or nonjoinder of parties or misjoinder of causes of action, 56 A.L.R.2d 1238. Dismissal, under Rule 71A(i)(3) of Federal Rules of Civil Procedure, of defendant unnecessarily or improperly joined in condemnation action, 57 A.L.R. Fed. 490. 67A C.J.S. Parties §§ 139 to 161.