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RI · rules

R.I. Fam. Ct. R. Dom. Rel. P. 17

Parties Plaintiff and Defendant — Capacity

activein force · 2024-02-01 – presentact-effective-date

(a) Real Party in Interest.

Every action shall be prosecuted in the name of the real party in interest; but an

executor, administrator, guardian, 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 or her own name without joining with him or

her the party for whose benefit the action is brought; and when a statute so provides,

an action for the use and benefit of another shall be brought in the name of the state.

(b) Capacity to Sue or Be Sued. The capacity of an individual, including one

acting in a representative capacity, and of a partnership or other unincorporated

association to sue or be sued shall be determined by the law of this state. The capacity

of a corporation to sue or be sued shall be determined by the law under which it was

organized, unless some 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, conservator, or other like fiduciary,

the representative may sue or defend on behalf of the infant or incompetent person.

If an infant or incompetent person does not have a duly appointed representative, the

infant or incompetent person 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 the court deems

proper for the protection of the infant or incompetent person.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
744ec3868f98aac4caa6424113a96d665b52f7eebbb02f1684c9a25215dc5b1c
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R.I. Fam. Ct. R. Dom. Rel. P. 17 — Parties Plaintiff… · binding.law