Rule 17 Plaintiff and Defendant; Capacity; Public Officers
Rule Text
(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 personal representative;
(D) a guardian;
(E) a bailee;
(F) a trustee of an express trust;
(G) a party with whom or in whose name a contract has been made for another's benefit; and
(H) a party authorized by statute.
(2) 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 shall be determined by the law of the Virgin Islands.
(c) Minors, Disabled or Incapacitated Persons, and Others.
(1) Appointed Representative. A person appointed by statute or court order to serve as the representative of a minor, disabled or incapacitated person, or any other individual or entity, may sue or defend on that person or entity's behalf.
(2) Without a Representative. A minor, disabled or incapacitated person who does not have a duly appointed representative may sue by a next friend.
(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.
(e) Actions for Wrongful Death and Survival. In wrongful death suits filed under 5 V.I.C. §76 and in survival actions filed under 5 V.I.C. § 77, the action may be prosecuted in the name of a plaintiff identified in the complaint as acting as a personal representative. The named plaintiff shall serve as personal representative throughout the proceeding unless replaced by order of the court.