The word “person”, wherever used in Rule 87, shall be construed to mean any person (including a minor represented by a next friend or guardian ad litem, and any other person under disability lawfully represented), partnership, joint stock company, corporation, unincorporated association or society or municipal or other corporation of any character whatsoever.
Rule 87.05."Person" Defined.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceFor purposes of Rule 87, the word person is defined broadly to include individuals, minors and others under disability represented by a guardian or next friend, partnerships, corporations, and unincorporated associations or municipal bodies.
Full Text of Rule 87.05
Official Comment
Note: This rule is the same as Section 527.130, RSMo 1959, except for a reference to Rule 87 instead of to “article.”
Plain-English Summary
Rule 87.05 defines a single word that appears throughout the declaratory judgment rules: person. The definition is deliberately broad. It includes any individual, including a minor represented by a next friend or guardian ad litem, and any other person under a legal disability who is lawfully represented in the proceeding.
Beyond individuals, the definition sweeps in partnerships, joint stock companies, corporations, unincorporated associations or societies, and municipal or other corporations of any character. This means the joinder requirements of Rule 87.04, the categories of eligible plaintiffs in Rule 87.02, and every other reference to "person" in Rule 87 apply equally to businesses, associations, and government bodies, not just to individual human beings.
By spelling this out in one place, the rule avoids having to repeat a long list of covered entities every time another rule in the group uses the word person, and it makes clear that minors and others who cannot sue on their own behalf are still covered so long as they are properly represented.
Frequently Asked Questions
What entities count as a person under Rule 87?
Individuals, partnerships, joint stock companies, corporations, unincorporated associations or societies, and municipal or other corporations of any character.
Can a minor be a person for purposes of a declaratory judgment action?
Yes, so long as the minor is represented by a next friend or guardian ad litem.
What about someone who is under a legal disability other than being a minor?
Rule 87.05 covers any other person under disability, as long as that person is lawfully represented in the proceeding.
Does the definition of person apply to every rule in the Rule 87 group?
Yes, the rule states the word person, wherever used in Rule 87, carries this broad meaning.
Does a municipality count as a person under this rule?
Yes, the definition expressly includes municipal or other corporations of any character.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: declaratory judgment actiondefinition of person rule 87minors and incompetents declaratory judgmentdeclaratory relief