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.