Rule 17.Parties Plaintiff and Defendant — Capacity.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 17
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) sets the default: the case runs in the name of the person who owns the claim. The rule then lists who may sue in their own name without joining that person — an executor, an administrator, a guardian, a trustee of an express trust, someone with whom or in whose name a contract was made for another's benefit, and anyone a statute authorizes. Where a statute directs it, a suit for the use and benefit of another is brought in the name of the state.
Subdivision (b) answers a different question: not whose claim it is, but whether a person or entity can be in court at all. For an individual, including one acting in a representative capacity, and for a partnership or other unincorporated association, Rhode Island law decides. For a corporation, capacity follows the law under which it was organized, unless a Rhode Island statute provides to the contrary.
Subdivision (c) is the part that carries weight in a family case. A minor or an incompetent person who has a representative — a general guardian, conservator, or other like fiduciary, for example — may sue or defend through that representative. Without a duly appointed representative, the person may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem for a minor or incompetent person not otherwise represented in the action, or make another order it considers proper to protect that person.
Frequently Asked Questions
Who is the real party in interest in a Rhode Island Family Court case?
It is the person whose own right the claim belongs to, and subdivision (a) requires the action to be prosecuted in that person's name. The rule carves out a list of people who may sue in their own name instead, including an executor, a trustee of an express trust, a party with whom or in whose name a contract was made for another's benefit, and a party authorized by statute.
Can an executor or guardian file suit in their own name?
Yes. Subdivision (a) names an executor, an administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract was made for the benefit of another, and a party authorized by statute, and none of them has to join the person the action benefits.
Can a child be a party in a Rhode Island Family Court case?
Yes, through someone else. Under subdivision (c), where a minor has a representative, such as a general guardian, conservator, or other like fiduciary, that representative may sue or defend on the minor's behalf, and a minor without a duly appointed representative may sue by a next friend or by a guardian ad litem.
When does the court appoint a guardian ad litem?
Subdivision (c) directs the court to appoint one for a minor or incompetent person who is not otherwise represented in the action. The court may instead make any other order it considers proper for that person's protection.
What law decides whether a company can be sued in Rhode Island?
Subdivision (b) says a corporation's capacity is determined by the law under which it was organized, unless a Rhode Island statute provides otherwise. Individuals, partnerships, and other unincorporated associations are measured by the law of this state.