FEDERAL RULES OF CIVILPROCEDURE
IV. Parties
Rule 17 Parties Plaintiffand Defendant; Capacity
(a) Real Party in Interest.Every action shall be prosecuted in the name of the real party ininterest. An executor, administrator, guardian, bailee, trusteeof an express trust, a party with whom or in whose name acontract has been made for the benefit of another, or a partyauthorized by statute may sue in that person's own name withoutjoining the party for whose benefit the action is brought; andwhen a statute of the United States so provides, an action forthe use or benefit of another shall be brought in the name of theUnited States. No action shall be dismissed on the ground that itis not prosecuted in the name of the real party in interest untila reasonable time has been allowed after objection forratification of commencement of the action by, or joinder orsubstitution of, the real party in interest; and suchratification, joinder, or substitution shall have the same effectas if the action had been commenced in the name of the real partyin interest.
(b) Capacity to Sue or be Sued.The capacity of an individual, other than one acting in arepresentative capacity, to sue or be sued shall be determined bythe law of the individual's domicile. The capacity of acorporation to sue or be sued shall be determined by the lawunder which it was organized. In all other cases capacity to sueor be sued shall be determined by the law of the state in whichthe district court is held, except
(1) that a partnership orother unincorporated association, which has no such capacity bythe law of such state, may sue or be sued in its common name forthe purpose of enforcing for or against it a substantive rightexisting under the Constitution or laws of the United States, and
(2) that the capacity of areceiver appointed by a court of the United States to sue or besued in a court of the United States is governed by Title 28,U.S.C. §§ 754 and 959(a).
(c) Infants or IncompetentPersons. Whenever an infant or incompetent person has arepresentative, such as a general guardian, committee,conservator, or other like fiduciary, the representative may sueor defend on behalf of the infant or incompetent person. Aninfant or incompetent person who does not have a duly appointedrepresentative may sue by next friend or by a guardian ad litem.The court shall appoint a guardian ad litem for an infant orincompetent person not otherwise represented in an action orshall make such other order as it deems proper for the protectionof the infant or incompetent person.
[As amended Dec. 27, 1946, eff.Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966,eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25,1988, eff. Aug. 1, 1988; Nov. 18, 1988.]
