Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. 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 joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
Rule 2-201.Real party in interest
Circuit Court · Last amended July 1, 2007 · Last verified July 13, 2026
In one sentenceRule 2-201 requires a civil action to be brought in the name of the person or entity that holds the legal right at stake, while letting certain fiduciaries and representatives sue on another's behalf without joining that person.
Full Text of Rule 2-201
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; May 8, 2007, effective July 1, 2007.
Committee Note & Source
Source. This Rule is derived from former Rule 203 a, b, and c and the 1966 version of Fed. R. Civ. P. 17 (a).
Plain-English Summary
A lawsuit belongs to the person who owns the right being enforced. Rule 2-201 makes that the default: the plaintiff named on the complaint must be the real party in interest, not a stand-in with no stake in the outcome. That protects a defendant from facing a second suit over the same claim brought by someone else with a real interest in it, and it keeps the judgment binding on the person who controls the right.
The rule then lists who may sue without joining the person they represent: an executor, administrator, or personal representative of an estate; a guardian; a bailee; a trustee of an express trust; someone who signed a contract for another's benefit; a receiver; a bankruptcy trustee; an assignee for the benefit of creditors; or anyone else a statute or rule authorizes to sue in that capacity. When a statute directs that a claim be pursued for the use or benefit of another, the case is filed in the name of the State of Maryland.
Filing in the wrong name is not fatal. A court cannot dismiss a case for failing to name the real party in interest until it has given a reasonable time, after objection, for the real party to be joined or substituted. Once that happens, the case proceeds as if it had been filed correctly from the start.
Frequently Asked Questions
What does "real party in interest" mean?
It means the person or entity that holds the legal right the lawsuit is trying to enforce. Rule 2-201 requires that person's name on the complaint, subject to the fiduciary exceptions the rule lists.
Can a case be dismissed just because it was filed in the wrong person's name?
Not right away. The court must first give a reasonable time, after the defect is raised by objection, for the real party in interest to be joined or substituted into the case.
Who can sue without joining the person they represent?
Executors, administrators, personal representatives, guardians, bailees, trustees of express trusts, people who contracted for another's benefit, receivers, bankruptcy trustees, assignees for the benefit of creditors, and anyone else a statute or rule authorizes to sue in a representative capacity.
What happens if the real party in interest is substituted in later?
The substitution has the same effect as if the case had been filed in the real party's name from the beginning.
Why would a case be filed in the name of the State of Maryland?
When a statute directs that a claim be pursued for the use or benefit of another person, Rule 2-201 requires the action to be brought in the State's name.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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