Parties, Roles, and Litigation Teams
Parties
Rule 17 requires that an action be prosecuted in the name of the real party in interest. Subrogated insurers, assignees, and estates raise the question most often, and ratification or joinder may cure a defect.
It differs from standing, which is constitutional.
Alternative Names:
Party in Interest, Rule 17 Party
Why it Matters?
Subrogation is the recurring context, since an insurer that paid a loss may be the real party as to the paid portion while the insured remains the party as to any deductible or excess. Some states permit the insured to prosecute the entire claim while others require the insurer to join. Raising the objection promptly matters because Rule 17 permits a reasonable time to cure, and delay may waive it.
Frequently Confused with
Related terms
Frequently asked questions
How does this differ from standing?
What is the recurring context?
