Rule 17.Parties; Capacity.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 17 requires an action to be brought by the real party in interest, allows a guardian ad litem for a minor or incompetent person, and sets out how to sue a defendant whose name is unknown.

Full Text of Rule 17

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

(a) (a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest. 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) (b) Reserved.

(c) (c) Minors or incompetent persons. The court may appoint a guardian ad litem for a minor or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incompetent person.

(d) (d) Unidentified defendant.

(1) (1) When it shall be necessary or proper to make a person a party defendant and the party desiring the inclusion of the person as a party defendant has been unable to ascertain the entire name of the defendant or a part of the defendant’s name to ascertain the defendant’s identity, the party desiring the inclusion of the person as a party defendant shall in accordance with the criteria of Rule 11 of these Rules set forth in a pleading the person’s interest in the action, so much of the defendant’s name as is known (and if unknown, a fictitious name shall be used), and shall set forth with specificity all actions already undertaken in a diligent and good-faith effort to ascertain the person’s full name and identity.

(2) (2) Subject to HRS section 657-22, the person intended shall thereupon be considered a party defendant to the action, as having notice of the institution of the action against that person, and as sufficiently described for all purposes, including services of process, and the action shall proceed against that person.

(3) (3) Any party may, by motion for certification, make the name or identity of the party defendant known to the court within a reasonable time after the moving party knew or should have known the name or identity of the party defendant. The motion shall be supported by affidavit or declaration setting forth all facts substantiating the movant's claim that the naming or identification has been made with due diligence. When the naming or identification is made by a plaintiff, it shall be made prior to the filing of the position statement by that plaintiff, or within such additional time as the court may allow. The court shall freely grant reasonable extensions of the time in which to name or identify the party defendant to any party exercising due diligence in attempting to ascertain the party defendant’s name or identity.

(4) (4) When a party defendant has been named or identified in accordance with this rule, the court shall so certify and may make any order that justice requires to protect any party from undue burden and expense in any further proceedings involving the party defendant.

(5) (5) A party defendant who has been named or identified in accordance with this rule may have dismissal of one or more claims against the party defendant if the party defendant shows in a timely manner that the delay in naming or identifying the party defendant has caused the party defendant substantial prejudice and if the interests of justice so require.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Every action is prosecuted in the name of the real party in interest, but the rule refuses to make that a trap. No case is dismissed on that ground until a reasonable time has passed after objection for the real party to ratify, join or be substituted, and once that happens the action counts as though it had been brought correctly from the start.

Subdivision (c) gives the court its protective power over people who cannot look after themselves in litigation. Where a minor or an incompetent person is not otherwise represented, the court may appoint a guardian ad litem, or must make whatever other order it thinks proper for their protection.

The longest part deals with a defendant whose identity is not known. The pleading must set out that person interest in the action, as much of the name as is known with a fictitious name if none is, and with specificity every step already taken in a diligent good-faith effort to find out who they are. That person is then treated as a party defendant with notice and a sufficient description for all purposes including service. Once the name is learned, any party may move for certification, supported by an affidavit or declaration showing due diligence, and a plaintiff must do so before filing a position statement. The court grants reasonable extensions freely to a party exercising due diligence, and a defendant identified late may have claims dismissed on a timely showing of substantial prejudice.

Frequently Asked Questions

Can a Hawaii family court case be dismissed for suing in the wrong name?

Not immediately. No action is dismissed on that ground until a reasonable time has been allowed after objection for ratification, joinder or substitution of the real party in interest.

Who represents a child in a family court case?

The court may appoint a guardian ad litem for a minor or incompetent person not otherwise represented, or make another order it considers proper for their protection.

Can I sue someone whose name I do not know?

Yes, using a fictitious name, provided the pleading sets out that person interest in the action and describes with specificity the diligent efforts already made to identify them.

What happens once the unknown defendant is identified?

Any party may move for certification within a reasonable time, supported by an affidavit or declaration showing due diligence. The court certifies the identification and may protect any party from undue burden.

Can a late-identified defendant get out of the case?

They may have one or more claims dismissed if they show in a timely manner that the delay caused substantial prejudice and the interests of justice require it.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 17). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: real party in interest hawaii family courtguardian ad litem hawaii family courtsuing a john doe hawaiihawaii family court rule 17