Print Version
Previous PageFile uploaded: 10/30/2015

Rule17. Parties plaintiff and defendant.

(a)Real party in interest. Every action shall be prosecutedin the name of the real party in interest. An executor, administrator,guardian, bailee, trustee of an express trust, aparty with whom or in whose name a contract has been made for the benefit ofanother, or a party authorized by statute may sue in that person's name withoutjoining the party for whose benefit the action is brought; and when a statuteso provides, an action for the use or benefit of another shall be brought inthe name of the state of Utah. No action shall be dismissed on the ground thatit is not prosecuted in the name of the real party in interest until areasonable time has been allowed after objection for ratification ofcommencement of the action by, or joinder or substitution of, the real party ininterest; and such ratification, joinder, or substitution shall have the sameeffect as if the action had been commenced in the name of the real party ininterest.

(b)Minors or incompetent persons. An unemancipated minor or an insane or incompetent person whois a party must appear either by a general guardian or by a guardian ad litemappointed in the particular case by the court in which the action is pending. Aguardian ad litem may be appointed in any case when it is deemed by the courtin which the action or proceeding is prosecuted expedient to represent theminor, insane or incompetent person in the action or proceeding,notwithstanding that the person may have a general guardian and may haveappeared by the guardian. In an action in rem it shall not be necessary toappoint a guardian ad litem for any unknown party who might be a minor or anincompetent person.

(c)Guardian ad litem; how appointed. A guardian ad litem appointedby a court must be appointed as follows:

(c)(1) When the minor isplaintiff, upon the application of the minor, if the minor is of the age offourteen years, or if under that age, upon the application of a relative orfriend of the minor.

(c)(2) When the minor isdefendant, upon the application of the minor if the minor is of the age offourteen years and applies within 21 days after the service of the summons, orif under that age or if the minor neglects so to apply, then upon theapplication of a relative or friend of the minor, or of any other party to theaction.

(c)(3) When a minor defendantresides out of this state, the plaintiff, upon motion therefor, shall beentitled to an order designating some suitable person to be guardian ad litemfor the minor defendant, unless the defendant or someone in behalf of thedefendant within 21 days after service of notice of such motion shall cause tobe appointed a guardian for such minor. Service of such notice may be made uponthe defendant's general or testamentary guardian located in the defendant'sstate; if there is none, such notice, together with the summons in the action,shall be served in the manner provided for publication of summons upon suchminor, if over fourteen years of age, or, if under fourteen years of age, bysuch service on the person with whom the minor resides. The guardian ad litemfor such nonresident minor defendant shall have 21 days after appointment inwhich to plead to the action.

(c)(4) When an insane orincompetent person is a party to an action or proceeding, upon the applicationof a relative or friend of such insane or incompetent person, or of any otherparty to the action or proceeding.

(d)Associates may sue or be sued by common name.When two or more persons associated in any business either as a joint-stockcompany, a partnership or other association, not a corporation, transact suchbusiness under a common name, whether it comprises the names of such associatesor not, they may sue or be sued by such common name. Any judgment obtainedagainst the association shall bind the joint property of all the associates inthe same manner as if all had been named parties and had been sued upon theirjoint liability. The separate property of an individual member of the associationmay not be bound by the judgment unless the member is named as a party and thecourt acquires jurisdiction over the member.

(e)Action against a nonresident doing business in this state.When a nonresident person is associated in and conducts business within thestate of Utah in one or more places in that person's own name or a common tradename, and the business is conducted under the supervision of a manager,superintendent or agent the person may be sued in the person's name in anyaction arising out of the conduct of the business.

(f) As used in these rules, the term plaintiff shall include apetitioner, and the term defendant shall include a respondent.

Advisory Committee Notes