Okla. Stat. tit. 12, § 12-2017
This is the official text of Okla. Stat. tit. 12, § 12-2017, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Parties plaintiff and defendant - Capacity
Official statutory text
PARTIES PLAINTIFF AND DEFENDANT; CAPACITY
A. REAL PARTY IN INTEREST. Every action shall be prosecuted in
the name of the real party in interest. An executor, administrator,
guardian, bailee, trustee of an express trust, a party with whom or
in whose name a contract has been made for the benefit of another,
or a party authorized by statute may sue in his own name without
joining with him the party for whose benefit the action is brought.
No action shall be dismissed on the ground that it is not prosecuted
in the name of the real party in interest until a reasonable time
has been allowed after objection for ratification of commencement of
the action by, or joinder or substitution of, the real party in
interest; and such ratification, joinder, or substitution shall have
the same effect as if the action had been commenced in the name of
the real party in interest.
B. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by
law, any person, corporation, partnership, or unincorporated
association shall have capacity to sue or be sued in this state.
C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or
incompetent person has a representative, such as a general guardian,
committee, conservator, or other like fiduciary, the representative
may sue or defend on behalf of the infant or incompetent person. If
an infant or incompetent person does not have a duly appointed
representative he may sue by his next friend or by a guardian ad
litem. The court shall appoint a guardian ad litem for an infant or
incompetent person not otherwise represented in an action or shall
make such other order as it deems proper for the protection of the
infant or incompetent person.
D. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of
claims not arising out of contract is prohibited. However, nothing
in this section shall be construed to affect the law in this state
as relates to the transfer of claims through subrogation.
A. REAL PARTY IN INTEREST. Every action shall be prosecuted in
the name of the real party in interest. An executor, administrator,
guardian, bailee, trustee of an express trust, a party with whom or
in whose name a contract has been made for the benefit of another,
or a party authorized by statute may sue in his own name without
joining with him the party for whose benefit the action is brought.
No action shall be dismissed on the ground that it is not prosecuted
in the name of the real party in interest until a reasonable time
has been allowed after objection for ratification of commencement of
the action by, or joinder or substitution of, the real party in
interest; and such ratification, joinder, or substitution shall have
the same effect as if the action had been commenced in the name of
the real party in interest.
B. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by
law, any person, corporation, partnership, or unincorporated
association shall have capacity to sue or be sued in this state.
C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or
incompetent person has a representative, such as a general guardian,
committee, conservator, or other like fiduciary, the representative
may sue or defend on behalf of the infant or incompetent person. If
an infant or incompetent person does not have a duly appointed
representative he may sue by his next friend or by a guardian ad
litem. The court shall appoint a guardian ad litem for an infant or
incompetent person not otherwise represented in an action or shall
make such other order as it deems proper for the protection of the
infant or incompetent person.
D. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of
claims not arising out of contract is prohibited. However, nothing
in this section shall be construed to affect the law in this state
as relates to the transfer of claims through subrogation.
Status: in_force · Read it on the official government site
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