Montana Title 25. Civil Procedure MT R RCP Rule 17.Plaintiff and Defendant; Capacity; Public Officers

(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:

(2) Action in the Name of the State of Montana for Another's Use or Benefit. When a state statute so provides, an action for another's use or benefit must be brought in the name of the State of Montana.

(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.

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

(2) Without a Representative. A minor or an incompetent 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 incompetent person who is unrepresented in an action.