(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee, 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 his representative capacity without joining with him 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
Chapter IV: Parties · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 17 requires every action to be brought in the name of the real party in interest, sets special rules for subrogation cases and for infants and other persons under legal disability, and lets a public officer sued or suing in an official capacity be identified by title rather than by name.
Full Text of Rule 17
(b) Subrogation Cases. In subrogation cases, regardless of whether subrogation has occurred by operation of law, assignment, loan receipt, or otherwise, if the subrogor no longer has a pecuniary interest in the claim the action shall be brought in the name of the subrogee. If the subrogor still has a pecuniary interest in the claim, the action shall be brought in the names of the subrogor and the subrogee.
(c) Infants or Persons Under Legal Disability. Whenever a party to an action is an infant or is under legal disability and has a representative duly appointed under the laws of the State of Mississippi or the laws of a foreign state or country, the representative may sue or defend on behalf of such party. A party defendant who is an infant or is under legal disability and is not so represented may be represented by a guardian ad litem appointed by the court when the court considers such appointment necessary for the protection of the interest of such defendant. The guardian ad litem shall be a resident of the State of Mississippi, shall file his consent and oath with the clerk, and shall give such bond as the court may require. The court may make any other orders it deems proper for the protection of the defendant. When the interest of an unborn or unconceived person is before the court, the court may appoint a guardian ad litem for such interest. If an infant or incompetent person does not have a duly appointed representative, he may sue by his next friend.
(d) Guardian Ad Litem; How Chosen. Whenever a guardian ad litem shall be necessary, the court in which the action is pending shall appoint an attorney to serve in that capacity. In all cases in which a guardian ad litem is required, the court must ascertain a reasonable fee or compensation to be allowed and paid to such guardian ad litem for his service rendered in such cause, to be taxed as a part of the cost in such action.
(e) Public Officers. When a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.
Plain-English Summary
Rule 17(a) requires an action to be prosecuted in the name of the party who holds the right being enforced. Certain representatives — an executor, administrator, guardian, bailee, trustee, someone who contracted for another's benefit, or a party a statute authorizes to sue — can bring the action in their own representative capacity without joining the person they represent. If a case is filed in the wrong party's name, the rule doesn't let that be fatal right away: the court gives a reasonable time, after the objection is raised, for the real party in interest to ratify the suit or be joined or substituted in, and once that happens the action is treated as if it had been brought correctly from the start.
Rule 17(b) sets a specific rule for subrogation cases, whether the subrogation arose by operation of law, assignment, loan receipt, or another route. If the subrogor no longer has any pecuniary interest in the claim, the action is brought in the subrogee's name alone; if the subrogor still has a pecuniary stake in it, both the subrogor and the subrogee must be named.
Rules 17(c) and (d) protect parties who can't fully represent themselves. A duly appointed representative — under Mississippi law or the law of another state or country — may sue or defend on behalf of an infant or a person under legal disability. When a defendant with a disability has no such representative, the court can appoint a guardian ad litem to protect that party's interest; the guardian must be a Mississippi resident, must file a consent and oath, and must give whatever bond the court requires, and the court can enter other orders as needed for the defendant's protection. The interest of someone not yet born or conceived can likewise get a guardian ad litem. An infant or incompetent plaintiff who has no appointed representative may instead sue through a next friend. When a guardian ad litem is needed, Rule 17(d) has the court appoint an attorney to the role and set a reasonable fee, which is then taxed as part of the costs of the action.
Rule 17(e) lets a public officer suing or being sued in an official capacity be described by title rather than personal name, though the court can still require the officer's name to be added to the case.
Frequently Asked Questions
What does it mean to sue in the name of the "real party in interest"?
It means the person who holds the substantive right at stake has to be the named party, though Rule 17(a) lets certain representatives — an executor, administrator, guardian, trustee, and similar roles — sue in their own representative capacity without joining the person they represent.
What happens if a case gets filed in the wrong party's name?
Rule 17(a) doesn't allow dismissal on that ground right away. The court must give a reasonable time, after the issue is raised, for the real party in interest to ratify, join, or be substituted into the action, and once that happens the case is treated as if it had been brought in the correct name from the beginning.
In a subrogation case, whose name goes on the lawsuit?
It depends on the subrogor's remaining interest. Under Rule 17(b), if the subrogor no longer has any pecuniary interest in the claim, the subrogee sues alone; if the subrogor still has a pecuniary interest, both the subrogor and the subrogee must be named.
Who can represent a child or a person under a legal disability in a Mississippi lawsuit?
A representative already appointed under Mississippi or another jurisdiction's law may sue or defend on that person's behalf under Rule 17(c). If an unrepresented defendant has a disability, the court can appoint a Mississippi-resident guardian ad litem who files a consent and oath and posts any required bond; an unrepresented infant or incompetent plaintiff may instead sue through a next friend.
How is a guardian ad litem chosen and paid?
Rule 17(d) has the court appoint an attorney to serve as guardian ad litem and set a reasonable fee for that service, which is then taxed as part of the costs of the action.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: real party in interest mississippi rulems guardian ad litem rulesubrogation lawsuit name ms rule 17suing on behalf of a minor mississippinext friend lawsuit ms rule 17