17.01 Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, bailee, trustee of an express trust, a party to whose rights another is subrogated, 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 or her own name without joining the party for whose benefit the action is brought; and when a statute 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 or commencement 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.
Rule 17.Parties Plaintiff and Defendant; Capacity
Last amended July 1, 1979 · Last verified July 2, 2026
In one sentenceRule 17 requires every action to be prosecuted in the name of the real party in interest — the person who under substantive law controls the claim, not necessarily the one who benefits from it — while letting representatives like executors and trustees sue in their own names, and lets a representative sue or defend on behalf of an infant or incompetent person.
Full Text of Rule 17
17.02 Capacity to Sue or Be Sued.
1 The capacity of any party to sue or be sued shall be determined by the law of this state.
2 Any partnership or other unincorporated association may sue and be sued in the name which it has assumed or by which it is known.
17.03 Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, 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, or if justice requires, he or she may sue by next friend. The court shall at any time after the filing of the complaint appoint a guardian ad litem to defend an action for an infant or incompetent person who does not have a duly appointed representative, or whenever justice requires. The court may in its discretion allow the guardian ad litem a reasonable fee for services, to be taxed as costs.
Advisory Commission Comments
Advisory Commission Comments [2000].
The addition of subsection (2) to Rule 17.02 merely recognizes the holding of Tennessee decisions applying Tennessee statutory law. See, e.g.,Fain v. O'Connell, 909 S.W.2d 790, 794 (1995). The enforceability of judgments continues to be governed by the substantive law. SeeFederal Deposit Insurance Corp. v. Tyree, 698 S.W.2d 353 (Tenn. Ct. App. 1985).
Amendment History
- As amended July 1, 1979.
Plain-English Summary
Rule 17.01 requires an action to be brought in the name of the real party in interest, replacing an older practice under which an assignee or other true party in interest had to sue in the name of a nominal plaintiff "for the use and benefit of" the real party. The rule then lists categories of representatives — executors, administrators, guardians, bailees, trustees of an express trust, a party to whose rights another has been subrogated, a party who contracted for another’s benefit, or anyone else a statute authorizes — who may sue in their own name without joining the person they represent. Those categories illustrate the real-party-in-interest rule rather than create exceptions to it: a real party in interest is whoever the substantive law gives the right to control the claim, which is not always the person who stands to benefit from it.
If an action is not brought in the name of the real party in interest, Rule 17.01 does not allow immediate dismissal. The court must first give a reasonable time, after the defect is raised, for the real party in interest to ratify the action, join it, or be substituted in — and once that happens, the case proceeds as though it had been filed correctly from the start.
Rule 17.02 provides that a party’s capacity to sue or be sued is governed by Tennessee law, and lets a partnership or unincorporated association sue or be sued under the name it uses or is known by, without needing to name every member. Rule 17.03 lets a representative — a general guardian, conservator, or similar fiduciary — sue or defend on behalf of an infant or incompetent person, and lets the court appoint a guardian ad litem or otherwise protect that person’s interests when no representative has appeared.
Frequently Asked Questions
What does "real party in interest" mean under Rule 17.01?
The person who, under the substantive law governing the claim, has the right to bring and control the action — which is not always the person who will ultimately benefit from a favorable outcome, such as an executor or trustee acting for an estate or trust.
Can a lawsuit be dismissed for not naming the real party in interest?
Not immediately. Rule 17.01 requires the court to allow a reasonable time, after the defect is raised, for the real party in interest to ratify, join, or be substituted into the action before dismissal is appropriate.
Can an unincorporated association sue or be sued under its own name?
Yes. Rule 17.02 lets a partnership or other unincorporated association sue and be sued in the name it has assumed or is known by, without joining every individual member.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 17). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: real party in interestcapacity to sue or be suedguardian ad litemassignee suing in own name
Advisory Commission Comments.
17.01: Rule 17.01 generally requires that actions be brought in the name of the real party in interest. Certain persons may sue in their own names without having to join the party for whose benefit the suit was brought; the list of such persons expressly includes executors, administrators, guardians, bailees, trustees or an express trust, persons to whose rights others have been subrogated, and any other persons authorized by statute to sue in their own names. The Rule is similar to Federal Rule 17(a), but unlike the federal rule, Rule 17.01 authorizes suit by a party in the party's own name even though another has been subrogated to the right which the party seeks to enforce.
17.02: This Rule deals with capacity, and not with standing to sue, which is the subject of Rule 17.01.
17.03: Rule 17.03 establishes a uniform practice regarding suits brought on behalf of an infant or incompetent person, and, when justice requires, allows suit by next friend and requires that the court appoint a guardian ad litem.