Title 9, Chapter 11, Section 17
( 9-11-17)
(a) Real party in interest. Every action shall be prosecuted in the
name of the real party in interest. An executor, an administrator, a
guardian, a bailee, a 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 bring an action in his
own name without joining with him 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. (b) Capacity to bring or defend an action. The capacity of an
individual, including one acting in a representative capacity, to
bring or defend an action shall be determined by the law of this
state. The capacity of a corporation to bring or defend an action
shall be determined by the law under which it was organized, unless
a statute of this state provides to the contrary. (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 bring or defend an action on behalf of the infant or incompetent
person. If an infant or incompetent person does not have a duly
appointed representative, he may bring an action by his 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. No next friend
shall be permitted to receive the proceeds of any personal action,
in the name and on behalf of an infant, or incompetent person, until
such next friend shall have entered into a sufficient bond to the
Governor, for the use of the infant and the infant's
representatives, conditioned well and fully to account for and
concerning such trust, which bond may be sued on by order of the
court in the name of the Governor and for the use of the infant.
Such bond shall be approved by the court in which the action is
commenced and such approval shall be filed in such clerk's office. |