Rule 3 Flashcards
(26 cards)
Who may be parties in a civil action?
Only natural or juridical persons, or entities authorized by law may be parties in a civil action.
What does the term ‘plaintiff’ refer to?
The term ‘plaintiff’ may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) party plaintiff.
What does the term ‘defendant’ refer to?
The term ‘defendant’ may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) party defendant.
What is a real party in interest?
A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.
How must every action be prosecuted or defended?
Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.
Who can prosecute or defend an action in a fiduciary capacity?
A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party authorized by law or these Rules.
What is the requirement for spouses in a civil action?
Husband and wife shall sue or be sued jointly, except as provided by law.
Who can assist a minor or incompetent person in a lawsuit?
A minor or a person alleged to be incompetent may sue or be sued with the assistance of his father, mother, guardian, or a guardian ad litem.
What is permissive joinder of parties?
All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist may join as plaintiffs or be joined as defendants in one complaint.
What are indispensable parties?
Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants.
What is a necessary party?
A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties.
What must be stated if a necessary party is not joined?
The pleader shall set forth the name of the necessary party, if known, and shall state why he is omitted.
What happens if a necessary party is omitted without justification?
The failure to comply with the order for inclusion shall be deemed a waiver of the claim against such party.
What is the rule regarding unwilling co-plaintiffs?
If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the reason shall be stated in the complaint.
What is the effect of misjoinder or non-joinder of parties?
Neither misjoinder nor non-joinder of parties is ground for dismissal of an action.
What is a class suit?
When the subject matter of the controversy is one of common or general interest to many persons, a number of them may sue or defend for the benefit of all.
What are alternative defendants?
Where the plaintiff is uncertain against whom of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative.
How can an unknown defendant be designated?
Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require.
How can entities without juridical personality be sued?
They may be sued under the name by which they are generally or commonly known.
What is the duty of counsel upon the death of a party?
Counsel must inform the court within thirty (30) days of the death and provide the name and address of the legal representative.
What happens if a public officer dies during an action?
The action may be continued by or against his successor if there is a substantial need for continuing it.
What happens if a party becomes incompetent or incapacitated?
The court may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian.
What occurs in case of a transfer of interest?
The action may be continued by or against the original party unless the court directs otherwise.
What happens if a defendant dies before final judgment in a money claim action?
The action shall continue until entry of final judgment, and a favorable judgment shall be enforced against the estate of the deceased.
