7.

Misjoinder of parties (same with misjoined causes of action)

- Amendment of the pleading under Rule 10
- Motion to by the party or upon the courts own initiative, severe the claim against the
misjoined party and may be proceeded with separately
8. Splitting causes of action
Defendant:
1. File a motion to dismiss on the grounds of Litis Pendentia rule 16(e) or barred by prior
judgment under rule 16(f)
2. When denied (see remedy of defendant in motion to dismiss)
Plaintiff:
1. If on the grounds of litis pendentia, refile the action, except if wilful and deliberate
forum shopping in such appeal is the remedy since dismissal is with prejudice.
2. If on the grounds of res judicata, Appeal since the dismissal is with prejudice under
rule 16 sec. 5