Rule 317 - Parties Plaintiff and Defendant(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest; but a fiduciary as defined in section 15-1-301, C.R.S., 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 such party's own name without joining the party for whose benefit the action is brought, and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the people of the state of Colorado. (b) Capacity to Sue or Be Sued. A partnership or other unincorporated association may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right. A father and mother or the sole surviving parent may maintain an action for the injury or death of a child; where both maintain the action, each shall have an equal interest in the judgment; where one has deserted or refuses to sue, the other may maintain the action. A guardian may maintain an action for the injury or death of the guardian's ward. (c) Minors or Incapacitated Persons. Whenever a minor or incapacitated person has a representative, such as a fiduciary as defined in section 15-1-301, C.R.S., the fiduciary may sue or defend on behalf of the minor or incapacitated person. If a minor or incapacitated person does not have a duly appointed fiduciary, or such fiduciary fails to act, the minor or incapacitated person may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for a minor or incapacitated person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incapacitated person, provided, that in an action in rem it shall not be necessary to appoint a guardian ad litem for any unknown person who might be a minor or incapacitated person. Entire rule amended July 22, 1993, effective 1/1/1994.