Rule 20 PERMISSIVE JOINDER OF PARTIES.

• Jurisdiction: Colorado

Rule 20. Permissive Joinder of Parties.

(a) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective right to relief, and against one or more defendants according to their respective liabilities.

(b) Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.

(c) Parties Jointly or Severally Liable. Persons jointly or severally liable upon the same obligation or instrument, including the parties to negotiable instruments and sureties on the same or separate instruments, may all or any of them be sued in the same action, at the option of the plaintiff.

Cross references: For joinder of persons needed for just adjudication, see C.R.C.P. 19.

ANNOTATION

I. General Consideration.

II. Permissive Joinder.

III. Separate Trials.

IV. Parties Jointly or Severally Liable.

A. In General.
B. Joint and Several Obligations.

I. GENERAL CONSIDERATION.

Law reviews. For article, "Pleadings, Rules 7 to 25", see 28 Dicta 368 (1951). For article, "One Year Review of Civil Procedure", see 34 Dicta 69 (1957). For article, "Immunity to Direct Action: Is it a Defense to a Contribution Claim?", see 52 U. Colo. L. Rev. 151 (1980).

It is within sound discretion of trial court to drop or strike parties, and decision will not be reversed on appeal unless abuse is shown. Corbin by Corbin v. City and County of Denver, 735 P.2d 214 (Colo. App. 1987).

Applied in M & G Engines v. Mroch, 631 P.2d 1177 (Colo. App. 1981); Bd. of County Comm'rs v. District Court, 632 P.2d 1017 (Colo. 1981); Thorne v. Bd. of County Comm'rs, 638 P.2d 69 (Colo. 1981); Creditor's Serv., Inc. v. Shaffer, 659 P.2d 694 (Colo. App. 1982); W.R. Hall Constr. Co. v. H.W. Moore Equip. Co., 661 P.2d 1183 (Colo. App. 1982).

II. PERMISSIVE JOINDER.

Law reviews. For article, "Direct Action Against the Liability Insurer Under the Rules of Civil Procedure", see 22 Dicta 314 (1945).

This rule relates to joinder of parties and has no application to misjoinder of claims. Colo. State Bd. of Exam'rs of Architects v. District Court, 126 Colo. 340, 249 P.2d 146 (1952).

This rule relates to multiple plaintiffs and defendants in actions involving common questions of law or fact. Jernigan v. Lakeside Park Co., 136 Colo. 141, 314 P.2d 693 (1957).

There must be such a common question among defendants. Section (a) of this rule requires, in order that a joinder of multiple parties and claims may be sustained, that there shall be a common question of law or fact among the defendants as well as among the plaintiffs. Western Homes, Inc. v. District Court, 133 Colo. 304, 296 P.2d 460 (1956).

It is no longer necessary that each plaintiff have an interest in claims of the other plaintiffs before joining in a common suit with them. Western Homes, Inc. v. District Court, 133 Colo. 304, 296 P.2d 460 (1956); Schwab v. Martin, 165 Colo. 547, 441 P.2d 17 (1968).

Individual claims do not result in a fatal misjoinder. The fact that the claim of each plaintiff is individually his own and free from any right of other plaintiffs to share therein does not result in a fatal misjoinder either of parties or claims. Western Homes, Inc. v. District Court, 133 Colo. 304, 296 P.2d 460 (1956).

Such joinder is discretionary. When the grounds upon which liability is based are mutually exclusive, a request for a joinder pursuant to section (a) of this rule, which deals with permissive parties, is addressed to the sound discretion of the trial court. Draper v. Sch. Dist. No. 1, 175 Colo. 216, 486 P.2d 1048 (1971).

Broadest possible reading, to...