Parties Federal

Question 1

17(a) Real Party in Interest.

Answer 1

•	(1)Designation in General.An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
	◦	(A)an executor;
	◦	(B)an administrator;
	◦	(C)a guardian;
	◦	(D)a bailee;
	◦	(E)a trustee of an express trust;
	◦	(F)a party with whom or in whose name a contract has been made for another’s benefit; and
	◦	(G)a party authorized by statute.

Question 2

17(b) Capacity to Sue or Be Sued.Capacity to sue or be sued is determined as follows:

Answer 2

(1) for an individual who is not acting in a representative capacity, by the law of the individual’s domicile;
(2) for a corporation, by the law under which it was organized; and
(3) for all other parties, by the law of the state where the court is located, except that:
(A) a partnership or other unincorporated association with no such capacity under that state’s law may sue or be sued in its common name to enforce a substantive right existing under the United States Constitution or laws; and
(B) 28 U.S.C.§§754and959(a)govern the capacity of a receiver appointed by a United States court to sue or be sued in a United States court.

Question 3

17(c)1Minor or Incompetent Person. (1)With a Representative.The following representatives may sue or defend on behalf of a minor or an incompetent person:

Answer 3

(A) a general guardian; (a court appointed guardian, not mom and dad ad litem)
(B) a committee;
(C) a conservator; or
(D) a like fiduciary

Question 4

17(c)2 Minor or Incompetent Person. (2)Without a Representative.

Answer 4

by a next friend (mom or dad a person who acts for benefit of minor) or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order

Question 5

20(a)1 Permissive Joinder of Parties(a)Persons Who May Join or Be Joined.(1)Plaintiffs. (2)Persons may join in one action as plaintiffs if:

Answer 5

1.They are (asserting claims/claims being asserted against them) jointly, severally, or in the alternative,
2.That arise out of the same transaction, and
3.That raise at least one common question of law or fact
Same as 25-311 and 25-320

Question 6

Rule 20(a)(3)

Answer 6

neither π nor ∆ need be interested in obtaining or defending against all relief

Question 7

Rule 21 Misjoinder and Non-Joinder of Parties

Answer 7

Misjoinder of parties is not grounds for [dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party]