Section 507.040

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 507

Effective - 28 Aug 2019, 2 histories   

  507.040.  Permissive joinder of parties — separate trials. — 1.  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 of them 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 of them will arise in the action.  Notwithstanding any other provision of law to the contrary, claims arising out of separate purchases of the same product or service, or separate incidents involving the same product or services shall not satisfy this section.  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 rights to relief, and against one or more defendants according to their respective liabilities.

  2.  The general assembly hereby expressly adopts the holding of State ex rel. Johnson & Johnson v. Burlison, No. SC96704, as issued on February 13, 2019, as it relates to joinder and venue.

  3.  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.

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(L. 1943 p. 353 § 16, A.L. 2019 S.B. 7)

(2019) Permissive joinder of separate claims cannot and does not "extend venue to a county when, absent joinder, venue in that county would not otherwise be proper for each claim".  State ex rel. Johnson & Johnson v. Burlison, 567 S.W.3d 168 (Mo.).