Rule 17: Plaintiff and Defendant; Capacity; Public Officers Flashcards
What is a real party in interest? (Q)
A real party in interest is a party who possesses the claim or right on which the lawsuit is based.
May a case generally be brought in the name of someone who is not a real party in interest? (Q)
No. In general, each case must be brought in the name of the real party in interest. This requirement is satisfied if the real party in interest sues under the party’s own name or if someone else appropriately sues in the name of the real party in interest. For example, a parent might be permitted to sue in the name of a minor child.
However, a few types of representatives may sue in their own names without joining the real party in interest. These include executors, guardians, and trustees.
If a case has not been brought by the real party in interest, may the court immediately dismiss the case? (Q)
No. Before dismissing the case, the court must allow a reasonable time for the real party in interest to be joined or substituted in the case. If the real party in interest is brought into the case, then the litigation will proceed as if the case had been properly filed.
