Every action shall be prosecuted in the name of the real party in interest, but a personal representative, guardian, curator, committee of a person of unsound mind, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, a county, municipal corporation, public board or other such body, a receiver appointed by a court, the assignee or trustee of a bankrupt, an assignee for the benefit of creditors, or a person expressly authorized by statute to do so, may bring an action without joining the party or parties for whose benefit it is prosecuted. Nothing herein, however, shall abrogate or take away an individual's right to sue.
Rule 17.01.Real party in interest.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule requires civil actions to be brought in the name of the real party in interest, while listing categories of representatives, like trustees, guardians, and receivers, who may sue on another's behalf without joining that other person, and it preserves every individual's own right to sue.
Full Text of Rule 17.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 17.01 states the basic rule that a lawsuit must be brought in the name of the person or entity entitled to the relief sought, the real party in interest. That keeps defendants from facing duplicate suits over the same claim and from being sued by someone with no stake in the outcome.
The rule then lists categories of people and entities who can sue on someone else's behalf without adding that other person as a party: a personal representative, a guardian, a curator, a committee for a person of unsound mind, a trustee of an express trust, someone who contracted in his own name for another's benefit, a county or municipal corporation or public board, a court-appointed receiver, a bankrupt's assignee or trustee, an assignee for the benefit of creditors, or anyone a statute expressly authorizes to sue. Naming one of these representatives as plaintiff is enough; the person benefiting from the suit doesn't have to be joined. The rule closes by making clear that none of this takes away an individual's own right to sue.
Frequently Asked Questions
Who counts as the 'real party in interest' in a Kentucky lawsuit?
Rule 17.01 requires every action to be prosecuted in the name of the party entitled to the relief sought, the real party in interest, though it lists several representatives, such as personal representatives, guardians, trustees, and receivers, who may sue in their own name for someone else's benefit.
Can a trustee or guardian sue without naming the person they represent?
Yes. Rule 17.01 lets a personal representative, guardian, curator, committee of a person of unsound mind, trustee of an express trust, and several other listed representatives bring an action without joining the party for whose benefit it is prosecuted.
Does suing through a trustee or guardian take away my own right to sue?
No. Rule 17.01 ends by stating that nothing in the rule abrogates or takes away an individual's right to sue.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 17.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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