Group IV: Parties · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 17 requires a civil action to be brought in the name of the real party in interest, lists who may sue in a representative capacity without joining the person they represent, and sets out how minors, incompetent persons, and public officers sue or are sued.
(1)Designation in general. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
(A)a personal representative;
(B)a conservator;
(C)a guardian;
(D)a bailee;
(E)a trustee of an express trust;
(F)a party with whom or in whose name a contract has been made for another's benefit; and
(G)a party authorized by statute.
(2)Action in the name of the state for another's use or benefit. When a statute so provides, an action for another's use or benefit must be brought in the name of the state of North Dakota.
(3)Joinder of the real party in interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.
(1)With a representative. If a minor or incompetent person has a representative, such as a general guardian or like fiduciary, the representative may sue or defend on behalf of the minor or incompetent person.
(2)Without a representative. A minor or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person who is self- represented in an action. The court may appoint a guardian ad litem to represent a minor or incompetent person, even though the minor or incompetent person may have a general guardian and may have appeared.
(c)Capacity to sue or be sued. The capacity of all other persons to sue or be sued is determined by appropriate statutory provisions.
(d)Public officer's title and name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.
Explanatory Note
Rule 17 was amended, effective March 1, 1990; March 1, 2007; March 1, 2011. This rule is derived from Fed.R.Civ.P. 17. The rule deviates from the federal rule by substituting State of North Dakota for United States in subdivision (a); reversing titles and content of subdivisions (b) and (c); adding a final clause concerning appointment of a guardian ad litem to subdivision (b); and greatly simplifying subdivision (c). In some cases, the State of North Dakota may become a real party in interest by action of law. See, e.g., N.D.C.C. § 14-09-09.26. Under N.D.R.Civ.P. 10, the state must be named as a party in the title of an action if it is a real party in interest or if it becomes a real party in interest. Rule 17 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended. Rule 17 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivision (d) was added to the rule effective March 1, 2011. The provision previously was part of Rule 10(a).
Plain-English Summary
Rule 17(a) requires a civil action to be prosecuted in the name of the real party in interest — the person who holds the right being asserted. But several categories of representatives may sue in their own name without joining the person they represent: a personal representative, a conservator, a guardian, a bailee, a trustee of an express trust, a party who contracted for another's benefit, and a party authorized to sue by statute. When a statute calls for it, an action for someone else's benefit is brought in the name of the State of North Dakota. And suing in the wrong name isn't automatically fatal — the court can't dismiss the case for that reason until, after an objection, it gives a reasonable time for the real party in interest to ratify the action, join it, or be substituted in. Once that happens, the case proceeds as though the real party had brought it from the start.
Rule 17(b) protects minors and incompetent persons. If the person already has a representative — a general guardian or similar fiduciary — that representative may sue or defend on the person's behalf. Without one, the person can sue through a next friend or a guardian ad litem, and the court must appoint a guardian ad litem, or issue some other protective order, for a self-represented minor or incompetent person. The court may also appoint a guardian ad litem for a minor or incompetent person even though that person already has a general guardian and has appeared in the case.
Rule 17(c) leaves the capacity of everyone else to sue or be sued to whatever statute applies, and Rule 17(d) lets a public officer who sues or is sued in an official capacity be identified by title rather than name, though the court can order the name added. North Dakota's version departs from the federal rule in several ways worth noting: it substitutes the State of North Dakota for the United States, reverses the order and content of the minor/incompetent-person and general-capacity subdivisions found in the federal rule, adds the guardian ad litem requirement, and simplifies the capacity provision considerably; the public-officer subdivision was moved here from the old Rule 10(a) in 2011.
Frequently Asked Questions
What does it mean to sue in the name of the real party in interest?
It means the person bringing the lawsuit must be the one who holds the legal right being asserted, though Rule 17(a)(1) lets certain representatives — like a guardian, trustee, or bailee — sue in their own name without joining the person they represent.
Can my case be dismissed just because it was filed in the wrong party's name?
Not right away. Rule 17(a)(3) requires the court to give a reasonable time, after an objection is raised, for the real party in interest to ratify, join, or be substituted into the action before any dismissal on that ground.
Who can sue on behalf of someone else without joining that person?
Rule 17(a)(1) lists a personal representative, a conservator, a guardian, a bailee, a trustee of an express trust, a party who contracted for another's benefit, and a party authorized by statute.
What protection does a self-represented minor or incompetent person get under Rule 17?
Rule 17(b)(2) requires the court to appoint a guardian ad litem, or issue another appropriate protective order, for a minor or incompetent person who is self-represented. The court may also appoint a guardian ad litem for a minor or incompetent person who already has a general guardian and has appeared in the case.
Can I sue a public officer by their title instead of by their name?
Yes. Rule 17(d) allows a public officer who sues or is sued in an official capacity to be designated by title rather than name, though the court retains authority to order the officer's name added.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as:nd real party in interest ruleguardian ad litem requirement north dakotasuing on behalf of a minor ndcapacity to sue or be sued north dakotapublic officer named as party nd