![]() ![]() See also Equity Rule 41 (Suit to Execute Trusts of Will-Heir as Party). The real party in interest provision, except for the last clause which is new, is taken verbatim from Equity Rule 37 (Parties Generally-Intervention), except that the word “expressly” has been omitted. Notes of Advisory Committee on Rules-1937 A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added. ![]() The court must appoint a guardian ad litem-or issue another appropriate order-to protect a minor or incompetent person who is unrepresented in an action. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. ![]() The following representatives may sue or defend on behalf of a minor or an incompetent person: §§754 and 959(a) govern the capacity of a receiver appointed by a United States court to sue or be sued in a United States court. (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 (3) for all other parties, by the law of the state where the court is located, except that: (2) for a corporation, by the law under which it was organized and (1) for an individual who is not acting in a representative capacity, by the law of the individual's domicile Capacity to sue or be sued is determined as follows: After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. (3) Joinder of the Real Party in Interest. When a federal statute so provides, an action for another's use or benefit must be brought in the name of the United States. (2) Action in the Name of the United States for Another's Use or Benefit. (F) a party with whom or in whose name a contract has been made for another's benefit and The following may sue in their own names without joining the person for whose benefit the action is brought: An action must be prosecuted in the name of the real party in interest. ![]()
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