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Clerk Handbooks

Supreme Court Rules




Section/Rule:

52.01

Subject:

Rule 52 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Parties

Publication / Adopted Date:

April 21, 1972

Topic:

Civil Actions - In Whose Name Prosecuted - Suits in Representation Capacity - Civil Actions in Name of State - Real Property in Interest to Bring Civil Action

Revised / Effective Date:

January 1, 1994


52.01. Civil Actions - In Whose Name Prosecuted - Suits in Representative Capacity - Civil Actions in Name of State - Real Party in Interest to Bring Civil Action

Every civil action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another and a party authorized by statute may sue in their own names in such representative capacity without joining the party for whose benefit the action is brought. When a statute so provides, a civil action for the use or benefit of another shall be brought in the name of the State of Missouri.

(Adopted April 21, 1972, eff. Dec. 1, 1972. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1974