Once improper joinder is identified, act promptly and follow a clear sequence: carefully review the pleadings to isolate unrelated claims, research the governing joinder rules and controlling case law, and evaluate whether the defect is curable by amendment; next, file the appropriate procedural motion (motion to strike, sever, dismiss, or for separate trials) supported by legal authority and a short factual chart showing lack of commonality, and simultaneously consider seeking a consent agreement or stipulation with opposing counsel to limit delay; if amendment can cure the problem, move for leave to amend and attach a proposed, narrowed pleading, while preserving any jurisdictional or statute-of-limitations objections; throughout, document and disclose steps to the court and client, address potential prejudice (ask for stays, protective orders, or bifurcation if needed), and preserve the record for appeal—this systematic approach both corrects the joinder and ensures fairness by minimizing prejudice, delay, and added cost to the parties.
