(a) Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest, with- out distinction between contracts under seal and parol contracts.
Rule 2002.Prosecution of Actions by Real Parties in Interest. Exceptions.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 2002 requires actions to be prosecuted in the name of the real party in interest, with exceptions the rule lists.
Full Text of Rule 2002
(b) A plaintiff may sue in his or her own name without joining as plaintiff or use-plaintiff any person beneficially interested when such plaintiff
(1) is acting in a fiduciary or representative capacity, which capacity is disclosed in the caption and in the plaintiff’s initial pleading; or
(2) is a person with whom or in whose name a contract has been made for the benefit of another.
(c) Clause (a) of this rule shall not apply to actions where a statute or ordi- nance provides otherwise.
(d) Clause (a) of this rule shall not be mandatory where a subrogee is a real party in interest.
Plain-English Summary
A lawsuit should be brought by the person who in fact owns the claim. This rule requires all actions to be prosecuted by and in the name of the real party in interest — the party entitled to the benefit of the claim — with exceptions for executors, trustees, and others who may sue in their own name on another's behalf. The requirement keeps the right party before the court.
Frequently Asked Questions
Who must bring a lawsuit?
The real party in interest — the party entitled to the benefit of the claim — except in the situations the rule lists.
What is a real party in interest?
The person who in fact owns the claim and would benefit from a recovery.
Amendment History
The provisions of this Rule 2002 adopted February 14, 1939, effective September 4, 1939; amended October 29, 1941; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190553).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: real party in interestwho can sueprosecute action in own name