EZRCP · Missouri · Rules of Civil Procedure · Mo. R. Civ. P. 52.01

Mo. R. Civ. P. 52.01. — Civil Actions - In Whose Name Prosecuted - Suits in Representation Capacity - Civil Actions in Name of State - Real Property in Interest to Bring Civil Action

Missouri · Rules of Civil Procedure

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Rule text

Every civil 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 and a party authorized by statute may sue in their own names in such representative capacity without joining the party for whose benefit the action is brought. When a statute so provides, a civil action for the use or benefit of another shall be brought in the name of the State of Missouri.

Notes

Committee Note - 1974

This is substantially the same as prior Rule 52.01.

Compare: Rule 17(a) of the Federal Rules of Civil Procedure.

(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)