Rule 17.Plaintiff and Defendant; Capacity; Public Officers

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 17 requires an action to be prosecuted in the name of the real party in interest, lets certain representatives sue without joining the beneficiary, sets the rules for a party’s capacity to sue or be sued, and directs the court to protect minors and incompetent persons.

Full Text of Rule 17

Text sizeJump to: (a) (b) (c) (d)

(a) Real Party in Interest.

(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:

(A) an executor;

(B) an administrator;

(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 another's benefit; and

(G) a party authorized by statute.

(2) Action in the Name of the United States for Another's Use or Benefit. When a federal statute so provides, an action for another's use or benefit must be brought in the name of the United States.

(3) Joinder of 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. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.

(b) Capacity to Sue or Be Sued. Capacity to 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 where the court is located, except that:

(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

(B) 28 U.S.C. §§ 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.

(1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person:

(A) a general guardian;

(B) a committee;

(D) a like fiduciary.

(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 must appoint a guardian ad litem—or issue another appropriate order— to protect a minor or incompetent person who is unrepresented in an action.

(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.

End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; December 29, 1948, effective October 20, 1949; February 28, 1966, effective July 1, 1966; March 2, 1987, effective August 1, 1987; April 25, 1988, effective August 1, 1988; amended by Pub.L. 100-690, Title VII, § 7049, November 18, 1988, 102 Stat. 4401 (although amendment by Pub.L. 100-690 could not be executed due to prior amendment by Court order which made the same change effective August 1, 1988); April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 17 makes sure the right person is bringing the case. An action must be prosecuted in the name of the real party in interest — the person who holds the substantive right being enforced — though representatives such as executors, administrators, trustees, and parties acting in a fiduciary capacity may sue in their own names. The court may not dismiss for failure to join the real party in interest until a reasonable time has been allowed to ratify, join, or substitute.

The rule also fixes how to judge a party’s capacity to sue or be sued — by the person’s domicile for individuals, by the law of organization for corporations, and otherwise by the law of the forum state. And it protects those who cannot protect themselves: a minor or an incompetent person without a representative may sue through a guardian or next friend, and the court must appoint a guardian ad litem or issue another order to protect that person’s interests.

Frequently Asked Questions

What is the “real party in interest”?

The party who holds the substantive right being enforced and in whose name the action must be brought, though certain representatives may sue in their own names (Rule 17(a)).

Who represents a minor or incompetent person in a federal case?

A general guardian, next friend, or guardian ad litem. The court must appoint a guardian ad litem — or issue another protective order — for a minor or incompetent person not otherwise represented (Rule 17(c)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 17), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 17Fed. R. Civ. P. 17real party in interestcapacity to sueguardian ad litemminor or incompetent person