§21.8STRATEGIC AND PRACTICAL CONSIDERATIONS
Because the courts may add or drop parties "on such terms as are just," counsel seeking to add or drop a party must attempt to minimize the delay, inconvenience, and unnecessary expense that may result. If a party fails to move promptly to remedy misjoinder, the court could impose terms, including the following: attorney fees for the party that might have been dropped earlier; attorney fees and expenses for other existing parties to undertake new discovery when additional parties are added; and court expenses if delay of the trial is necessary.
Before adding new parties to an existing suit, consider the advantages and disadvantages of filing an entirely new and separate suit against the additional parties. Factors that should weigh into this decision include (1) the potential impact on the fact finder of the new parties (for example, whether the new defendant will increase or decrease sympathy for all defendants); (2) the potential impact on settlement negotiations; (3) whether the addition of parties will increase the likelihood of counterclaims and cross claims being asserted; (4) whether additional parties will make discovery or trial itself more complex and expensive; and (5) whether separate...
