Rule 2002.Prosecution of Actions by Real Parties in Interest. Exceptions.

The general rule is in subdivision (a): every action is prosecuted by and in the name of the real party in interest, and the rule draws no line between contracts under seal and parol contracts. Subdivision (b) then lets a plaintiff sue in their own name, without joining any beneficially interested person as plaintiff or use-plaintiff, in two situations. One is when the plaintiff acts in a fiduciary or representative capacity that is disclosed in the caption and in the initial pleading. The other is when the plaintiff is the person with whom, or in whose name, a contract was made for the benefit of another.

Two more limits follow. The requirement does not apply where a statute or ordinance provides otherwise, and it is not mandatory where a subrogee is a real party in interest.

Suing in the right name takes nothing from the defendant. Under Rule 2003, any defense, counterclaim or setoff that could otherwise be asserted against the claim remains available. Rule 2004 covers a plaintiff who transfers the interest after the action begins.