Rule 10. Naming of parties to action. A. PARTIES.
     (1) Actions must be prosecuted or defended in the name of the person who benefits from or is responsible for the satisfaction of any judgment rendered in justice or city court. That person is considered the real party in interest.
     (2) A personal representative, administrator, guardian, conservator, fiduciary, bailee, trustee of an express trust, party with whom or in whose name a contract has been made for the benefit of another, or party authorized by statute may be named as a party to an action. In such a case, the pleadings must contain information concerning the circumstances or statute that enables the person to appear in the party's name and not in the name of the person for whose benefit the action is prosecuted or defended.
     B. AMENDMENT -- DISMISSAL. Until 5 days have passed from the date upon which a party is served with an order of the justice or city court requiring an amendment, an action may not be dismissed for the reason that the real party in interest is not named in the pleadings. A dismissal for failure to name the real party in interest must be without prejudice.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.