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Nevada Rules of Civil Procedure

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

(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 of an express 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 State of Nevada for Another’s Use or Benefit. When a statute so provides, an action for another’s use or benefit must be brought in the name of the State.

(3)     Joinder of the Real Party in Interest. The 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. Capacity to sue or be sued is determined as follows:

(1)      for an individual, including one acting in a representative capacity, by the law of this state;

(2)      for a corporation, by the law under which it was organized, unless the law of this state provides otherwise; and

(3)      for all other parties, by the law of this state.

(c)       Minor or Incapacitated Person.

(1)      With a Representative. The following representatives may sue or defend on behalf of a minor or an incapacitated person:

(A)      a general guardian;

(B)      a committee;

(C)      a conservator; or

(D)      a like fiduciary.

(2)      Without a Representative. A minor or an incapacitated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incapacitated person who is not represented in an action.

(d)      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 court may order that the officer’s name be added.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 17 to FRCP 17. Rule 17(b) is Nevada specific—Nevada law will determine a party’s capacity to sue or be sued, except where this rule, choice of law, or other applicable principles provide otherwise. Rule 17(d) relocates the former NRCP 25(d)(2) into this rule.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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