Every action may be prosecuted in the name of the real party in interest; but an executor, administrator, guardian of a person or property, trustee of an express trust or a party with whom or in whose name a contract has been made for the benefit of another may sue in the fiduciary’s own name without joining the person for whose benefit the suit is brought. A trustee of an express trust may be sued without the beneficiaries of the trust unless it shall affirmatively appear in the action that a conflict of interest exists between the trustee and the beneficiaries.
Rule 4:26-1.Real Party in Interest
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:26-1 requires actions to be prosecuted in the name of the real party in interest, but lets fiduciaries — executors, administrators, guardians, and trustees of an express trust — sue in their own name without joining the person they represent.
Full Text of Rule 4:26-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:30-1; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A lawsuit is generally brought by the person who owns the claim being sued upon. This rule states that principle: every action may be prosecuted in the name of the real party in interest.
Fiduciaries are an important exception. An executor, administrator, guardian, or trustee of an express trust — or a party with whom a contract was made for another’s benefit — may sue in the fiduciary’s own name without joining the beneficiary. A trustee may be sued without the beneficiaries unless a conflict of interest between them affirmatively appears.
Frequently Asked Questions
Who is the real party in interest?
The person who owns the claim being sued upon. Actions are brought in that party’s name, except that fiduciaries such as executors, administrators, guardians, and trustees of an express trust may sue in their own name.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:26-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: real party in interestfiduciary suittrustee standingprosecuting in own name