Oklahoma Code § 12-2017
Oklahoma Code § 12-2017. Reproduced from the official Oklahoma Statutes, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Oklahoma text · Last verified 2026-08-27
At a glance
- Citation: Oklahoma Statutes § 12-2017
- Jurisdiction: Oklahoma
- Code: Oklahoma Statutes
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Oklahoma Statutes. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Oklahoma attorney.
Common questions
What is the source of Oklahoma Statutes § 12-2017?
The text above is transcribed from the Oklahoma Statutes, the codified statutes of Oklahoma. The official publisher link appears under "Verify the text" on this page.
What subject does Oklahoma Statutes § 12-2017 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Oklahoma Statutes § 12-2017 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Oklahoma source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Oklahoma law to your facts requires a licensed Oklahoma attorney who can review the specifics.