Del. Super. Ct. Civ. R. 17

(a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest. An

executor, administrator, guardian, 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 that

person’s own name without joining the party for whose benefit the action is brought; and when a statute

of the United States so provides, an action for the use or benefit of another shall be brought in the name of

the United States. 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) Omitted.

(c) Infants or incompetent persons. Whenever an infant or incompetent person has a representative, such

as a general guardian, trustee, committee, conservator, or other like fiduciary, the representative may sue

or defend on behalf of the infant or incompetent person. An infant 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 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.