§ RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

Codes > Rules of Civil Procedure for the Nevada District Courts > IV. Parties > RULE 17.

RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

(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 that person's 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 the 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 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.

As amended, eff. Sept. 27, 1971; Jan. 1, 2005.

ADVISORY COMMITTEE'S NOTE

The federal rule was revised to substitute “State” for “United States.” In 1971, the federal amendment, effective July 1, 1966, was incorporated in the Nevada rule.

(b) Capacity to Sue or Be Sued.The capacity of an individual, including one acting in a representative capacity, to sue or be sued shall be determined by the law of this State. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized, unless a statute of this State provides to the contrary.

ADVISORY COMMITTEE'S NOTE

A new rule, adopted from New Mexico, is substituted for the federal rule, so that capacity to sue continues to be determined by statute.

(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. An infant or incompetent person who does not have a duly appointed representative may sue by a 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.

As amended, eff. Jan. 1, 2005.