W.Va. R. Civ. P. 17

As amended through January 31, 2024
Rule 17 - [Effective 1/1/2025] Plaintiff and defendants; capacity; public officers
(a)Real party in interest.
(1)Designation in general. An action shall 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 guardian:
(D) a bailee:
(E) a trustee of an express trust:
(F) a party with whom or in whose name a contract has been made for another's benefit; and
(G) a party authorized by law.
(2)Action in the name of the State for another's use or benefit. When a law so provides, an action for another's use or benefit shall be brought in the name of the state or any political subdivision thereof.
(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 after 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 is determined as follows:
(1) for an individual who is not acting in a representative capacity, by the law of the individual's domicile:
(2) for a corporation, by the law under which it was organized: and
(3) for all other parties, by the law of this state.
(c)Minor or incompetent person.
(1)With a representative. The following representatives may sue or defend on behalf of a minor, incarcerated person, or incompetent person:
(A) a general guardian:
(B) a committee;
(C) a conservator: or
(D) a like fiduciary.
(2)Without a representative. A minor or an incompetent person, or an incarcerated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court may appoint a guardian ad litem-or issue another appropriate order-to protect a minor, incarcerated person, or incompetent person who is unrepresented in an action.
(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.

W.va. R. Civ. P. 17

Amended effective 1/1/2025.