Montana Rules of Civil Procedure R. 17
Rule 17. Plaintiff and Defendant; Capacity; Public Officers.
Terms Used In Montana Rules of Civil Procedure R
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(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)an executor;
(B)an administrator;
(C)a guardian;
(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 of Montana for Another’s Use or Benefit. When a state statute so provides, an action for another’s use or benefit must be brought in the name of the State of Montana.
(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 interest to 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)Capacity to Sue or be Sued. Capacity to sue or be sued is determined by appropriate statutory provisions.
(c)Minor or Incompetent Person.
(1)With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person:
(A)a general guardian;
(B)a committee;
(C)a conservator; or
(D)a like fiduciary.
(2)Without a Representative. A minor or an 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 unrepresented in an action.
(d)Public Officer’s Title and Name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer’s name be added.