17.01 Real Party in Interest Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought. 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.
Rule 17.Parties Plaintiff and Defendant; Capacity
Last amended June 9, 2023 · Last verified July 1, 2026
In one sentenceRule 17 requires that lawsuits be brought in the name of the person or entity that holds the legal right being enforced, and it sets out how children and people who cannot represent themselves get a guardian ad litem to sue or defend on their behalf.
Full Text of Rule 17
17.02 Infants or Incompetent Persons
a Representative. Whenever a party to an action is an infant or is incompetent and has a representative duly appointed under the laws of this state or the laws of a foreign state or country, the representative may sue or defend on behalf of such party. A party who is an infant or is incompetent and is not so represented shall be represented by a guardian ad litem appointed by the court in which the action is pending or is to be brought. The guardian ad litem shall be a resident of this state, shall file a consent and oath with the court administrator, and shall give such bond as the court may require. A guardian ad litem appointed under this Rule is not a guardian ad litem within the meaning of the Rules of Guardian Ad Litem Procedure in Juvenile and Family Court and is not governed by those Rules.
b Who May Apply; Priority. Any person, including an infant party over the age of fourteen (14) years and under no other legal disability, may apply under oath for the appointment of a guardian ad litem. The application of the party or the party’s spouse or parents or testamentary or other guardian shall have priority over other applications. If no such appointment is made on behalf of a defendant party before answer or default, the adverse party or a party’s attorney may apply for such appointment, and in such case the court shall allow the guardian ad litem a reasonable time to respond to the complaint.
c Application Contents. The application for appointment shall be made under oath or penalty of perjury in accordance with Minn. Stat. § 358.116 and show (1) the name, age and address of the party, (2) if the party is a minor, the names and addresses of the parents, and, in the event of their death or the abandonment of the minor, the name and address of the party’s custodian or testamentary or other guardian, if any, (3) the name and address of the party’s spouse, if any, and (4) the name, age, address, and occupation of the person whose appointment is sought, and (5) all facts and circumstances of the adversity or potential adversity of the person whose appointment is sought to the party, if any.
d Notice.
1 Discretionary. If the appointment is applied for by the party or by a spouse, parent, custodian or testamentary or other guardian of the party who is not adverse or potentially adverse to the party, the court may hear the application with or without notice to the party, the party’s spouse, parent, custodian, testamentary or other guardian, or, if the party is an inmate of a public institution, the chief executive officer thereof.
2 Mandatory. In all other cases written notice of the hearing on the application shall be given at such time as the court shall prescribe, and shall be served upon the party, the party’s spouse, parent, custodian and testamentary or other guardian, if any, and if the party is an inmate of a public institution, the chief executive officer thereof. If the party is a nonresident or, after diligent search, cannot be found within the state, notice shall be given to such persons and in such manner as the court may direct.
Advisory Committee Comments
Amendment History
- (Amended effective June 9, 2023.)
Plain-English Summary
Every lawsuit has to be filed by the party who owns the claim — the “real party in interest.” That does not mean only the injured person can appear on the paperwork: someone like an executor, guardian, trustee, or a party who signed a contract for someone else’s benefit can sue in their own name without also naming the person they represent. If a case is challenged because it was not filed in the right name, it is not dismissed outright. The rule gives everyone a reasonable amount of time to fix the problem, whether by ratifying the case, adding the correct party, or substituting them in, and once that happens, the case is treated as though it had been filed correctly from day one.
The second half of the rule deals with parties who are minors or who are legally incompetent. If such a person already has a court-appointed representative — under Minnesota law or another state’s — that representative can sue or defend for them. If not, the court appoints a guardian ad litem, who must live in Minnesota, file a formal consent and oath, and post whatever bond the court requires. This guardian ad litem role is distinct from the guardians ad litem appointed in juvenile and family court cases, which follow a different set of rules entirely.
The rule also lays out who can ask the court to appoint a guardian ad litem — including the minor party themselves if they are at least 14 — and gives priority to applications from the party, their spouse, or their parents or existing guardian. If nobody applies on a minor or incompetent defendant’s behalf before an answer is due or a default is entered, the opposing party can ask the court to make the appointment, and the guardian ad litem then gets a reasonable amount of time to respond to the complaint. Depending on who is applying and whether their interests conflict with the party’s, the court may or may not require formal notice of the appointment hearing to be served on the party and their family.
Frequently Asked Questions
What does it mean to sue in the name of the “real party in interest”?
It means the lawsuit has to be brought by the person or entity that holds the legal right being enforced, though representatives like executors, trustees, and guardians can sue in their own name on someone else’s behalf.
If a case is filed in the wrong party’s name, does it get thrown out?
Not automatically. The rule requires that the case be given a reasonable time after an objection to correct the problem through ratification, joinder, or substitution of the correct party before dismissal is considered.
Who can be a guardian ad litem in a civil case?
The guardian ad litem must be a Minnesota resident, must file a consent and oath with the court administrator, and must post whatever bond the court requires.
Can a minor ask the court to appoint their own guardian ad litem?
Yes, an infant party who is at least 14 years old and under no other legal disability may apply under oath for the appointment.
Is a Rule 17 guardian ad litem the same as one appointed in a family court case?
No. A guardian ad litem appointed under this rule is not governed by the Rules of Guardian Ad Litem Procedure that apply in juvenile and family court.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 17). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: real party in interest rule
Advisory Committee Comment – 2023 Amendment
Rule 17.02 is revised to organize the rule with headings to improve readability, and to highlight the holding in Vander Wiel v. Wahlgren, 934 N.W.2d 125 (Minn. Ct. App. 2019), that an application for appointment of a guardian ad litem by a spouse who is an adverse party in a dissolution case required notice and an opportunity to be heard. Additional changes clarify that the application must be under oath and provide the facts necessary for the court to determine any potential adversity and the resulting implications of whether notice is or is not provided. The rule retains the discretion of the court to require notice in any case.