Rule 104 - Naming the Partiesa."Plaintiff" defined; multiple plaintiffs. A plaintiff is the party who makes a claim by filing a lawsuit. There can be more than one plaintiff in a lawsuit if each plaintiff's claims involve common issues and the same transaction(s) or event(s). Each plaintiff must be a real party in interest, that is, each plaintiff must be someone who claims to have been damaged or whose rights are in dispute. Each plaintiff must make the claim in his or her, or its, correct and proper legal name. A mistake in naming the real party in interest must be corrected within a reasonable time, as determined by the judge, after the mistake has been brought to the attention of that plaintiff, and if the plaintiff does not then correct it, the judge may dismiss the claim. [ARCP 20(a), 17(a)] b."Defendant" defined; multiple defendants. A defendant is the party who is sued in a lawsuit. More than one defendant may be sued in a single lawsuit if the claim (or claims) involves the same transaction(s) or event(s), and if the lawsuit will involve an issue that applies to all defendants. [ARCP 20(a)] c.Naming a defendant by the proper name. All defendants, including partnerships, executors, administrators, guardians, trustees, a personal representative, a bailee, a city, town, or county, or a surety, assignor, endorser, minor (child), an incompetent person, or a person authorized by a statute to sue for the benefit of another person, must be identified properly and by the correct legal name. [ARCP 17(a)-(d), (f)-(j)] d."Necessary" and "indispensable" parties. A person who is not a party to the lawsuit may be "necessary" for a fair hearing of the lawsuit if the court cannot enter complete relief without the person, or if the person has an interest in the lawsuit that the court must resolve. Upon motion of any party, the necessary person will be made a party, served with the lawsuit, and required to participate in the lawsuit. If a necessary person cannot be made a party for any reason, then the court will determine if the absent party is "indispensable" and if so, whether the lawsuit should be dismissed. [ARCP 19(a), (b)] e.Definition of a "person." A "person" under these rules includes a business or an organization as well as an individual.Just. Ct. R. Civ. proc. 104
Adopted Aug. 30, 2012, effective 1/1/2013.