MBE Rules · Civil Procedure
Real Party in Interest
FRCP 17
The rule
Actions must be prosecuted in the name of the real party in interest; capacity follows domicile or incorporation law, and substitution relates back when the mistake was honest.
In plain English
The real party in interest is the person or entity that has the legal right to enforce a claim or seek relief in a lawsuit. Generally, lawsuits must be filed in the name of this party, and if a mistake is made in naming the party, it can be corrected if the error was made in good faith.
Worked example
A plaintiff mistakenly files a lawsuit against a corporation instead of its owner, believing the corporation is the real party in interest. After realizing the mistake, the plaintiff seeks to substitute the owner as the real party. The court allows the substitution because the mistake was honest and did not prejudice the defendant. The case proceeds with the owner as the plaintiff.
Memory hook
Always name the real party in interest to keep your case on track!
The trap
Exams may present scenarios where a party is incorrectly named, leading students to overlook the possibility of substitution or the implications of the real party in interest rule. Students might also confuse capacity with the real party in interest requirement.
How examiners test it
Questions often involve a fact pattern where a party is misidentified, testing the student's understanding of who can sue and the implications of correcting such errors.
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