{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2017","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2017","heading":"Parties plaintiff and defendant - Capacity","body":"PARTIES PLAINTIFF AND DEFENDANT; CAPACITY\n\nA. REAL PARTY IN INTEREST. Every action shall be prosecuted in\n\nthe name of the real party in interest. An executor, administrator,\n\nguardian, bailee, trustee of an express trust, a party with whom or\n\nin whose name a contract has been made for the benefit of another,\n\nor a party authorized by statute may sue in his own name without\n\njoining with him the party for whose benefit the action is brought.\n\nNo action shall be dismissed on the ground that it is not prosecuted\n\nin the name of the real party in interest until a reasonable time\n\nhas been allowed after objection for ratification of commencement of\n\nthe action by, or joinder or substitution of, the real party in\n\ninterest; and such ratification, joinder, or substitution shall have\n\nthe same effect as if the action had been commenced in the name of\n\nthe real party in interest.\n\nB. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by\n\nlaw, any person, corporation, partnership, or unincorporated\n\nassociation shall have capacity to sue or be sued in this state.\n\nC. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or\n\nincompetent person has a representative, such as a general guardian,\n\ncommittee, conservator, or other like fiduciary, the representative\n\nmay sue or defend on behalf of the infant or incompetent person. If\n\nan infant or incompetent person does not have a duly appointed\n\nrepresentative he may sue by his next friend or by a guardian ad\n\nlitem. The court shall appoint a guardian ad litem for an infant or\n\nincompetent person not otherwise represented in an action or shall\n\nmake such other order as it deems proper for the protection of the\n\ninfant or incompetent person.\n\nD. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of\n\nclaims not arising out of contract is prohibited. However, nothing\n\nin this section shall be construed to affect the law in this state\n\nas relates to the transfer of claims through subrogation.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a63975959aaef4845feafe19feb1c1441a4a15d8b02e1dffb8c55091be83fff6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2016","next":"us-ok/okla.-stat.-tit.-12-12-2018"},"notice":"GroundRules: Original legal text. Not legal advice."}