Oklahoma § 12-2017
Full text of Oklahoma Oklahoma Statutes § 12-2017, with citation guidance and answers to common questions.
§ 12-2017.
Parties plaintiff and defendant - Capacity.
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, bailee, 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 his own name without
joining with him the party for whose benefit the action is brought.
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. Except as otherwise provided by
law, any person, corporation, partnership, or unincorporated
association shall have capacity to sue or be sued in this state.
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. If
an infant or incompetent person does not have a duly appointed
representative he may sue by his 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. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of
claims not arising out of contract is prohibited. However, nothing
in this section shall be construed to affect the law in this state
as relates to the transfer of claims through subrogation.
Added by Laws 1984, c. 164, § 17, eff. Nov. 1, 1984.
Frequently Asked Questions About Oklahoma § 12-2017
What does Oklahoma Statutes § 12-2017 cover?
Section 12-2017 is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 12-2017?
A common citation format is "Oklahoma Statutes § 12-2017" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 12-2017 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.