Parties plaintiff and defendant: capacity

Massachusetts Rules of Domestic Relations Procedure

Rule: 17

Jurisdiction: MA

Bluebook Citation: Mass. R. Dom. Rel. P. 17

Except for any action brought under General Laws, chapter 152, section 15 , every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, conservator, 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 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 Commonwealth. An insurer who has paid all or part of a loss may sue in the name of the assured to whose rights it is subrogated. 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. Identical to Mass.R.Civ.P. 17(a) .

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.