(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought; and when a statute of the United States so provides, an action for the use or benefit of another shall be brought in the name of the United States. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
(b) Capacity To Sue or Be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the state in which the district court is held, except (1) that a partnership or other unincorporated association, which has no such capacity by the law of such state, may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right existing under the Constitution or laws of the United States, and (2) that the capacity of a receiver appointed by a court of the United States to sue or be sued in a court of the United States is governed by Title 28, U.S.C., Sections 754 and 959(a).
(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988.)
added in current removed in current
Compared to current version (2025).
(a) Real Party in Interest. Every
(1) Designation in General. An action shallmust be prosecuted in the name of the real party in interest. AThe 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, bailee,;
(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 the benefit of another, oranother’s benefit; and
(G) a party authorized by statute may sue in that person’s own name without joining the party for whose b.
(2) Action in the Name of the United States for Another’s Use or Benefit t. When action is brought; and when a statute of the United States federal statute so provides, an action for theanother’s use or benefit of another shallmust be brought in the name of the United States. No action shall be dismissed on the ground that it is not
(3) Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecuted in the name of the real party in interest until, after an objection, a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name offor the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.
(b) Capacity Tto Sue or Be Sued. The cCapacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determinedto sue or be sued is determined as follows:
(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 in which the districtwhere the court is hellocated, except (1) that:
(A) a partnership or other unincorporated association, which hasith no such capacity by the law of such state,under that state’s law may sue or be sued in its common name for the purpose of enforcing for or against itto enforce a substantive right existing under the United States Constitution or laws of the United States, and (2) that; and
(B) 28 U.S.C. §§ 754 and 959(a) govern the capacity of a receiver appointed by a court of the United States court to sue or be sued in a court of the United States is governed by Title 28, U.S.C., Sections 754 and 959(a).
(c) Infants or Incompetent Personscourt.
(c) Minor or Incompetent Person.
(1) With a Representative. WThenever an infant or incompetent person has a representative, such as following representatives may sue or defend on behalf of a minor or an incompetent person:
(A) a general guardian,;
(B) a committee,;
(C) a conservator,; or other
(D) a like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or.
(2) Without a Representative. 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 court shallmust appoint a guardian ad litem f-or an infantissue another appropriate order-to protect a minor or incompetent person not otherwise who is unrepresented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
(d) Public Officer ’ s Title and Name. 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.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988Pub. L. 100-690, title VII, § 7049, Nov. 18, 1988, 102 Stat. 4401; Apr. 30, 2007, eff. Dec. 1, 2007.)