Home Table of Contents

RULE 2-201. REAL PARTY IN INTEREST

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 200. Parties
MD Rules, Rule 2-201
RULE 2-201. REAL PARTY IN INTEREST
Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. 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 joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
Cross reference: As to filing papers in an action in the name of “John Doe,” see Doe v. Shady Grove Hospital, 89 Md. App. 351 (1991).
Source: This Rule is derived from former Rule 203 a, b, and c and the 1966 version of Fed. R. Civ. P. 17 (a).

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; May 8, 2007, eff. July 1, 2007.]

Editors' Notes

HISTORICAL NOTES
2003 Orders
The November 12, 2003, order amended the source note.
2007 Orders
The May 8, 2007, order added the cross reference.
MD Rules, Rule 2-201, MD R RCP CIR CT Rule 2-201
Current with amendments received through August 1, 2019.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.