An action may be brought in all cases in the name of the real party in interest, but any claim or defense may be set up which would have been available had the plaintiff sued in the name of the nominal party in interest.
Section 9-23.Suit by Real Party in Interest
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA Connecticut lawsuit may be brought in the name of the real party in interest, but the defendant keeps any claim or defense it would have had if the nominal party had sued instead.
Full Text of Section 9-23
Amendment History
(P.B. 1978-1997, Sec. 104.)
Plain-English Summary
Section 9-23 confirms that an action may be brought in all cases in the name of the real party in interest — the person who holds the substantive right being enforced, rather than someone acting in a merely nominal capacity. The rule also protects the defendant: any claim or defense that would have been available had the suit instead been brought in the name of the nominal party in interest remains available.
Frequently Asked Questions
Who is the real party in interest under Connecticut practice?
Section 9-23 doesn’t define the term further, but it permits an action to be brought in all cases in the name of the real party in interest, as opposed to a nominal party.
Does suing as the real party in interest strip the defendant of any defenses?
No. Section 9-23 preserves any claim or defense that would have been available had the plaintiff instead sued in the name of the nominal party in interest.
How does this rule relate to substituting the correct plaintiff?
Both concern who properly brings the suit; Section 9-20 lets the court substitute the correct plaintiff when the action began in the wrong name, while Section 9-23 confirms the real party in interest may sue at the outset.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 9-23). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: real party in interest Connecticutsuit by real party in interestnominal party in interest defensewho can sue in own name CTreal party vs nominal party