Rule 17.Plaintiff and defendant; capacity; public officers
Group IV: Parties · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 17 requires a lawsuit to be brought in the name of the person or entity that holds the right being sued on, sets the rules for who has the legal capacity to sue or be sued, and covers how minors, incapacitated persons, and public officers are named as parties.
(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)an executor;
(B)an administrator;
(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 of Nevada 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.
(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.
(b)Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:
(1)for an individual, including one acting in a representative capacity, by the law of this state;
(2)for a corporation, by the law under which it was organized, unless the law of this state provides otherwise; and
(3)for all other parties, by the law of this state.
(1)With a Representative. The following representatives may sue or defend on behalf of a minor or an incapacitated person:
(A)a general guardian;
(B)a committee;
(C)a conservator; or
(D)a like fiduciary.
(2)Without a Representative. A minor or an incapacitated 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 incapacitated person who is not represented in an action.
(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.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Advisory Committee Note — 2019 Amendment: The amendments generally conform Rule 17 to FRCP 17. Rule 17(b) is Nevada specific—Nevada law will determine a party’s capacity to sue or be sued, except where this rule, choice of law, or other applicable principles provide otherwise. Rule 17(d) relocates the former NRCP 25(d)(2) into this rule.
Every lawsuit needs a plaintiff who owns the claim. Rule 17 calls that person the real party in interest, and it lists who can stand in for someone else without dragging that person into the case by name: an executor handling an estate, a guardian, a trustee, or someone who signed a contract meant to benefit a third party. If a defendant argues the wrong person filed suit, the court cannot toss the case right away. It has to give the true owner of the claim a chance to step in, ratify what was filed, or take over, and once that happens the case moves forward as though it started that way all along.
The rule also answers a separate question: who is legally allowed to sue or be sued at all. For individuals and most parties, Nevada law controls; for a corporation, the law of the place where it was formed generally governs. Minors and people who cannot manage their own affairs need a representative, whether a court-appointed guardian or, when none exists, a next friend or guardian ad litem the court appoints to look out for their interests. And when a government official is sued in an official rather than a personal capacity, the case can identify that person by job title instead of by name, though the court can insist on a name too.
Frequently Asked Questions
What does "real party in interest" mean?
It means the person or entity that holds the legal right being enforced, as opposed to someone with no stake in the outcome filing the case for them. A lender suing to collect a debt it owns is a real party in interest; a collection agency with no ownership interest in the debt generally is not.
Can a case be thrown out because the wrong plaintiff filed it?
Not immediately. The court has to raise the issue, and the true owner of the claim then gets a reasonable window to ratify the lawsuit, join it, or be substituted in as the plaintiff. Only if that does not happen does dismissal become appropriate.
Who can sue on behalf of someone else without joining that person as a party?
The rule lists several examples, including executors and administrators of estates, guardians, trustees of express trusts, bailees, and someone who signed a contract for another person's benefit. Each of these can bring suit in their own name.
How does a lawsuit involving a child or an incapacitated adult work?
If a general guardian, conservator, or similar fiduciary already exists, that representative sues or defends on the person's behalf. If no one has been appointed, the court can allow a next friend to bring the case or will appoint a guardian ad litem to protect the person's interests in the litigation.
Can I sue a government official by their job title instead of their personal name?
Yes, when the official is being sued in their official capacity rather than personally, the case can identify them by title, such as the county clerk or the state treasurer. A court can still require the officer's actual name to be added to the case.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as:real party in interest rulewho can suecapacity to sue or be suedguardian ad litemnext friend lawsuitsuing on behalf of an estate