Rule 17. Parties; Capacity; Public Officers; Substitution

In General. An action shall 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 guardian; a conservator or like fiduciary; a bailee; a trustee of an express trust; a party with whom or in whose name a contract has been made for another’s benefit; and a party authorized by statute.

Actions Brought by the State. Where a statute so provides, an action for another’s use or benefit shall be brought in the name of the State of Ridgeway. An action in the nature of quo warranto is prosecuted in the name of the State upon the consent of the Attorney General, as Const. art. V, § 6 and 7 R. Stat. § 133.101 require; the person on whose relation the petition is filed may control the action through counsel of that person’s choice, as provided by 7 R. Stat. § 133.102. Procedure in such an action is governed by Rule 56.

Opportunity to Ratify, Join, or Be Substituted. The court shall not dismiss an action for failure to prosecute it in the name of the real party in interest until, after objection, a reasonable time has been allowed for the real party in interest to ratify the action, to join, or to be substituted. After ratification, joinder, or substitution the action proceeds as if it had been commenced by the real party in interest, and the filing date of the original complaint is unaffected.

By Username. Every party shall be identified by the username of the Roblox account through which that party acts. Where a party is known by more than one username, the pleading shall state each username known to the pleader. Where a party’s designation is a title of office rather than a username, subdivision (5) applies.

Persons Without an Account. Where a named party holds no account in the electronic filing system, the Clerk shall enter that person upon the docket as a placeholder party bearing the username stated in the pleading. Such an entry confers no role, privilege, or authority upon the person named beyond party status, and it does not dispense with service of process under Rule 4.

Unknown Parties. Where the identity of a party is unknown, the pleading shall designate that party by a fictitious name and shall state the facts by which the party may be identified. In an action for abuse of process the court shall permit a proceeding against a party so designated, as 7 R. Stat. § 121.402(c) requires, provided that the plaintiff seeks the subpoena there described and names a defendant before trial. A judgment shall not be entered against a party who remains designated by a fictitious name.

Correction of a Misnomer. A misnomer or misdesignation of a party that does not affect the substantial rights of the parties shall be disregarded, and the court may correct it by order at any time. The correction is given effect by the order and by an entry upon the docket; it does not alter any filed document.

Natural Persons. A natural person of full age and sound mind has capacity to sue and be sued in that person’s own name. Any person, whether an attorney or not, may conduct that person’s own cause, as 3 R. Stat. § 151.008 provides, subject to the lawful rules and discipline of the court and to the limits these rules place upon a self-represented party.

Businesses and Other Entities. A business, being any individual or entity engaged in commercial activity within the State as 4 R. Stat. § 411.001 defines it, and any corporation, association, board, committee, or similar entity subject to suit under a common name, may sue and be sued in that common name. Such a party is served through its registered agent or its corporate officers, as 7 R. Stat. § 131.104 provides, or as Rule 4 otherwise prescribes.

Accounts Held by an Entity. Where the account through which a party acts is held or operated on behalf of a business or other entity, the pleading shall state the username of that account and the name of the entity, and shall identify by username the natural person who holds or operates the account. An entity acts in an action only through a natural person. Where an entity appears otherwise than by an attorney of record, the natural person who transmits its filings appears in a representative capacity, is personally subject to Rule 11, and does not thereby become a party in that person’s individual capacity.

The Government. The State of Ridgeway, the county, a municipality, and their agencies and departments are immune from all claims except as 7 R. Stat. § 122.002 and the statutes there referenced provide. Capacity to sue and be sued, service, and the defense of such a party are governed by 7 R. Stat. §§ 122.002 through 122.012 and §§ 131.105 and 131.106.

Minors and Incompetent Persons. A minor or an incompetent person sues and is sued as provided in subdivision (4).

Delinquent Judgment Debtors. A person who has been declared delinquent by a court of this State may not file civil litigation, except a case in equity against the government alleging a grave constitutional violation, as 7 R. Stat. § 132.113(f) provides. This disability does not affect that person’s capacity to be sued, to defend, to assert a compulsory counterclaim, or to seek post-judgment relief from delinquency under 7 R. Stat. §§ 132.107 through 132.109. Upon a showing that a plaintiff is subject to this disability, the court shall dismiss the action without prejudice.

Persons Restrained From Filing. Where a court has entered injunctive relief under 7 R. Stat. § 121.402(a) prohibiting a person from filing complaints before a court without the authorization of an attorney, that person may commence or maintain an action only through an attorney of record, and the Clerk shall reject a filing transmitted in violation of the injunction.

Raising the Question of Capacity. A party desiring to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity shall do so by specific negative averment in a responsive pleading or by motion under Rule 12, and shall state the supporting particulars within the pleader’s knowledge. Capacity is not jurisdictional, and an objection to capacity is waived if not so raised.

With a Representative. A general guardian, a conservator, or a like fiduciary may sue or defend on behalf of a minor or an incompetent person.

Without a Representative. A minor or an incompetent person who has no duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem, or issue another appropriate order, to protect a minor or an incompetent person who is unrepresented in an action.

How a Representative Acts of Record. The electronic filing system attributes every filing to the authenticated account that transmits it and affords no means to file on behalf of another. Accordingly a representative appointed or recognized under this subdivision shall be entered upon the docket as a party in a representative capacity, or shall appear through an attorney of record; and only the Clerk, a judge, a court administrator, or an attorney in good standing may make that entry. A filing transmitted from the account of the represented person is attributed to that person, and the representative shall not transmit filings from that account.

Identification of the Account. Where the account of a minor or an incompetent person is under the control of another person, the pleading or motion shall identify that person by username and state the nature of the control.

Compromise. A claim of a minor or an incompetent person shall not be settled, dismissed, or compromised except upon the approval of the court, given after inquiry into the fairness of the compromise and the adequacy of the representation. The terms of the compromise shall be filed.

Designation. A public officer who sues or is sued in an official capacity may be designated by official title rather than by username, and the court may order that the officer’s username be added. Every pleading shall state whether an officer is sued in an official capacity, in an individual capacity, or in both.

Official Capacity Is a Case Against the Government. A proceeding against an individual in that individual’s official capacity as an agent of the government shall be construed as a case against the government, as 7 R. Stat. § 122.004 provides. Sovereign immunity under 7 R. Stat. § 122.002 and the limits upon monetary damages in 7 R. Stat. § 122.003 apply accordingly, and the Solicitor General shall defend the proceeding as 7 R. Stat. § 122.005 requires.

Official Misconduct. An action for official misconduct proceeds in a quasi-official capacity, the defendant being named in an official capacity; where the court imposes monetary damages, it is the duty of the defendant’s individual capacity to pay them, as 7 R. Stat. § 121.404(b) provides.

Refusal to Defend. Where the Solicitor General refuses to defend an agent of the government under 7 R. Stat. § 122.008, the action is thereafter considered to be against the individual capacity of the defendant as 7 R. Stat. § 121.404(d) provides, qualified immunity is not a valid affirmative defense as 7 R. Stat. § 122.009 provides, and the government ceases to be a party and to have an interest in the case as 7 R. Stat. § 122.012 provides. The refusal shall be filed and entered upon the docket, and upon that entry the court shall direct the Clerk to correct the designation of the parties.

Intervention by the Government. Intervention by the Solicitor General under 7 R. Stat. § 122.007 is governed by Rule 17.2.

Statement Noting Death. A party, or the successor or representative of a deceased party, may file a statement noting the death of a party. The statement shall identify the deceased party by username and shall be served upon the parties as provided in Rule 5 and upon persons who are not parties as provided in Rule 4.

Substitution. If a party dies and the claim is not extinguished, the court may order the substitution of the proper party. A motion for substitution may be made by any party or by the deceased party’s successor or representative. If the motion is not filed within seven (7) days after the statement noting death is accepted for filing, the action by or against the deceased party shall be dismissed without prejudice. The court may enlarge that period under Rule 6.

Continuation Among the Remaining Parties. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate but proceeds in favor of or against the remaining parties, and the death shall be noted upon the docket.

Automatic Substitution. An action does not abate when a public officer who is a party in an official capacity dies, resigns, is removed, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party.

Effect. Later proceedings shall be in the name of the substituted party, but a misnomer not affecting the substantial rights of the parties shall be disregarded. The court may order substitution at any time, and the absence of such an order does not affect the substitution.

Correcting the Docket. Upon notice that an officer has left office, the court shall direct the Clerk to enter the successor upon the docket and to correct the designation of the party. Where the entry cannot be made, the action proceeds against the office, and the judgment binds the officeholder for the time being.

How Made. Substitution is effected by an order of the court and by an entry upon the docket made by the Clerk, a judge, or a court administrator. A self-represented party may not effect a substitution by filing alone and shall proceed by motion under Rule 7.1.

The Record Is Unchanged. Substitution does not remove from the record any filing made by or against the substituted party, and does not alter the filing date, the acceptance, or the Bates number of any filing.

Continuity. A substituted party takes the action as that party finds it. Every prior order, admission, stipulation, and ruling binds the substituted party to the same extent as the party substituted for, unless the court for good cause orders otherwise.