§ Rule 17 Plaintiff and Defendant; Capacity

Rule 17. Plaintiff and Defendant; Capacity

(a) Real party in interest.

(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:

(A) a personal representative;

(B) a conservator;

(D) a bailee;

(E) a trustee of an express trust;

(F) a party with whom or in whose name a contract has been made for another's benefit; and

(G) a party authorized by statute.

(2) Action in the Name of the State for Another's Use of Benefit. When a statute so provides, an action for another's use or benefit must be brought in the name of the state of North Dakota.

(3) Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.

(b) Minor or Incompetent Person.

(1) With a Representative. If a minor or incompetent person has a representative, such as a general guardian or like fiduciary, the representative may sue or defend on behalf of the minor or incompetent person.

(2) Without a Representative. A minor 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 must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person who is self-represented in an action. The court may appoint a guardian ad litem to represent a minor or incompetent person, even though the minor or incompetent person may have a general guardian and may have appeared.

(c) Capacity to Sue or be Sued. The capacity of all other persons to sue or be sued is determined by appropriate statutory provisions.