Alaska

Civil Procedure

Civil Procedure

Rule 17 – Parties Plaintiff and Defendant-Capacity

(a)Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. 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, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought; and when a statute of the state so provides, an action for the use or benefit of another shall be brought in the name of the state. 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 ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
(b)Capacity to Sue or be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. A partnership or other unincorporated association may sue or be sued in its common name.
(c)Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
(d)Unknown Parties. All persons who are or may be interested in the subject matter of an action relating to real property in the state whose names cannot be ascertained after diligent inquiry may be made parties by being named and described as unknown claimants or unknown owners, or as unknown heirs, devisees, legatees, or assigns of any deceased person who may have been interested in the subject matter of the action. If it cannot be ascertained after diligent inquiry whether a person who is or may be interested in the subject matter of the action is alive or dead, or what disposition may have been made of the person’s interests, or where the person resides if alive, the person and everyone claiming under the person may be made a party by naming the person and adding to such name “or the unknown heirs, devisees, legatees, or assigns of [the person’s name].”

Alaska R. Civ. P. 17

Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963, by SCO 258 effective November 15, 1976; by SCO 465 effective June 1, 1981; and by SCO 1277 effective July 15, 1997

Section 30, Chapter 63, Session Laws of Alaska 1977, provides that “Section 3 of this Act [Chapter 63, Session Laws of Alaska 1977] has the effect of limiting the discretionary authority of the court to appoint a guardian ad litem under Rule 17(b), Alaska Rules of Civil Procedure, and Rules 11(a) and 15, Alaska Rules of Children’s Procedure, by requiring as a condition of appointment that the court find that the best interests of the child need articulation. Further, this Act requires limitation of the duration of the appointment, limits the scope of the guardian ad litem’s authority, and establishes the geographical area from which the guardian ad litem may be selected.”

Section 3 added a subsection (c) to AS 09.65.130.

Chapter 84 SLA 04 (HB 427) enacted extensive changes to the guardianship and conservatorship statutes. According to Section 32 of the Act, AS 08.26.100, enacted in Section 2, has the effect of changing Civil Rule 17(c) by restricting the persons that can be appointed as guardians or conservators and thereby limiting the orders the court is authorized to make with regard to the protection of infants and incompetent persons.

AS 09.15.010; AS 09.15.020