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 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 own name 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.
§ 2017.Parties Plaintiff and Defendant - Capacity
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2017 requires every action to be brought in the name of the real party in interest, confirms that any person or entity generally has capacity to sue or be sued, sets rules for representing infants and incompetent persons, and prohibits assigning claims that don't arise out of contract.
Full Text of § 2017
B. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by law, any person, corporation, partnership, or unincorporated association shall have capacity to sue or be sued in this state.
C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
D. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of claims not arising out of contract is prohibited. However, nothing in this section shall be construed to affect the law in this state as relates to the transfer of claims through subrogation.
Amendment History
Added by Laws 1984, SB 417, c. 164, §17, eff. 11/1/1984.
Plain-English Summary
Every lawsuit must be prosecuted in the name of the party who holds the right being sued on, though executors, guardians, trustees, and others authorized to sue on another's behalf can do so in their own name without joining the beneficiary. If a case gets challenged for not being brought by the real party in interest, the court can't dismiss it outright; it has to give a reasonable time for the real party to ratify, join, or substitute in, and once that happens the case is treated as if it had been filed correctly from the start.
Subsection B confirms the general default: any person, corporation, partnership, or unincorporated association can sue or be sued in Oklahoma unless another law says otherwise. For an infant or incompetent person with an appointed representative, a guardian, committee, or similar fiduciary, that representative sues or defends on their behalf; without one, the infant or incompetent person can proceed through a next friend or guardian ad litem, and the court must appoint a guardian ad litem for anyone not otherwise represented. Finally, subsection D bars assigning claims that don't arise out of contract, though it leaves subrogation law untouched.
Frequently Asked Questions
What does it mean to sue in the name of the "real party in interest"?
It means the action must be brought by the person or entity that holds the substantive right being enforced, under subsection A, though certain representatives, like executors and trustees, can sue in their own name for someone else's benefit.
If a lawsuit is filed by the wrong party, does it get dismissed right away?
No -- subsection A requires the court to allow a reasonable time for the real party in interest to ratify, join, or be substituted in before dismissal, and once that happens the suit is treated as properly filed from the start.
Who represents a child or an incompetent adult in an Oklahoma lawsuit?
Their appointed representative, such as a guardian; without one, they may proceed through a next friend or guardian ad litem, and the court must appoint a guardian ad litem if no one else represents them, under subsection C.
Can you sell or transfer a legal claim to someone else?
Only if it arises out of contract -- subsection D prohibits assigning claims that don't, though it doesn't affect subrogation.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma real party in interest rule12 O.S. § 2017capacity to sue oklahomaguardian ad litem oklahoma civil case