W.R.C.P.Ch.C. 17

(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, trust protector, or trust advisor of a 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 United States for Another’s Use or Benefit.

When a federal statute so provides, an action for another’s use or benefit

must be brought in the name of the United States.

(3) Joinder of the Real Party in Interest. The chancery 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.

(1) The capacity of an individual, including one acting in a representative

capacity, to sue or be sued, shall be determined by the law of this State.

(2) A married person may sue or be sued in all respects as if he or she were

single.

(3) The capacity of a corporation to sue or be sued shall be determined by

the law under which it was organized, unless a statute of this State provides

to the contrary.

(4) A partnership or other unincorporated association may sue or be sued

in its common name.

(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, or if such representative fails to

act the minor or incompetent person may sue by a next friend or by a

guardian ad litem. The chancery 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) Suing person by fictitious name. When the identity of a defendant is

unknown, such defendant may be designated in any pleading or proceeding by

any name and description, and when the true name is discovered the pleading

or proceeding may be amended accordingly; and the plaintiff in such case must

state in the complaint that the plaintiff could not discover the true name, and

the summons must contain the words, “real name unknown”, and a copy

thereof must be served personally upon the defendant.

(e) 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

chancery court may order that the officer’s name be added.