Last amended July 1, 1985 · Last verified July 1, 2026
In one sentenceRule 17 requires every lawsuit to be brought in the name of the person entitled to the relief sought, lets certain representatives sue in their own name on another's behalf without joining that other person, and gives a minor or incompetent person a guardian, next friend, or guardian ad litem to sue or defend through.
Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, 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 name as such representative without joining with him the party for whose benefit the action is brought. When a statute of this state so provides, an action for the use or benefit of another shall be brought in the name of this state. 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. 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.
Whenever a minor or incompetent person has a representative, such as a guardian or other like fiduciary, the representative may sue or defend on behalf of the minor or incompetent person. If a minor or incompetent person does not have a duly appointed representative the minor may sue by a next friend or defend by a guardian ad litem. When a minor or incompetent person is not otherwise represented in an action the court shall appoint a guardian ad litem or shall make such other order as it deems proper for the protection of such minor or incompetent person.
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1975; July 1, 1985
Plain-English Summary
Division (A) requires every action to be prosecuted in the name of the real party in interest — the person who stands to be directly helped or hurt by the outcome. It carves out an exception for executors, administrators, guardians, bailees, trustees of an express trust, a party who contracted for another's benefit, or anyone else a statute authorizes to sue in a representative capacity, none of whom need join the person benefiting from the suit. When a statute directs that an action for another's use or benefit be brought in the state's name, this rule accommodates that too. If a case is challenged for not being brought in the real party's name, the court must allow a reasonable time for ratification, joinder, or substitution of the real party in interest before dismissing anything, and once that happens the case proceeds as though it had been correctly filed from the start.
Division (B) covers minors and incompetent persons: if one already has a representative, such as a guardian, that representative sues or defends on the minor's or incompetent person's behalf. If not, the minor may sue through a next friend and must defend through a guardian ad litem, and the court is required to appoint a guardian ad litem or issue whatever other order is needed to protect that person when no representative already exists.
Frequently Asked Questions
What does it mean to be the “real party in interest”?
It means the person who stands to be helped or hurt by the outcome of the case, as opposed to someone with only an indirect stake in it. Rule 17(A) requires every action to be brought in that person’s name, subject to specific exceptions for representatives like executors and trustees.
What happens if a lawsuit is filed in the wrong person’s name?
The court cannot dismiss the case outright. Rule 17(A) requires giving a reasonable time for the real party in interest to ratify, join, or be substituted into the action, after which the case proceeds as if it had been filed correctly from the beginning.
How does a minor bring or defend a lawsuit in Ohio?
Through an existing representative, such as a guardian, if one has been appointed. If not, the minor sues through a next friend and defends through a guardian ad litem, and the court must appoint a guardian ad litem if no one else is representing the minor’s interests.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 17). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:real party in interestcapacity to suenext friendguardian ad litem