Parties in Interest Flashcards
REAL PARTY IN INTEREST
A real party in interest is:
(A) the party who stands to be benefited or injured by the judgment in the suit; or
(B) The party entitled to the avails of the suit.
LEGAL BASIS: Sec. 2, Rule 3, Rules of Court
Who are INDISPENSABLE PARTIES?
They are parties in interest without whom no final determination can be had of an action.
(Under the Rules of Court, he or she shall be joined either as plaintiffs or defendants.)
LEGAL BASIS: Sec. 7, Rule 3, Rules of Court
Who is a NECESSARY PARTY?
A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action.