2022 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 4 - Parties
§ 9-11-17. Real Party in Interest; Capacity

1. Real party in interest.   Every action shall be prosecuted in the name of the real party in interest. A personal representative, a temporary administrator, a guardian, a conservator, a bailee, a 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 bring an action in his or her own name without joining with him or her the party for whose benefit the action is brought; and, when a statute 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.
2. Capacity to bring or defend an action.   The capacity of an individual, including one acting in a representative capacity, to bring or defend an action shall be determined by the law of this state. The capacity of a corporation to bring or defend an action shall be determined by the law under which it was organized, unless a statute of this state provides to the contrary.
3. 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 bring or defend an action on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, he or she may bring an action by his or her 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. No next friend shall be permitted to receive the proceeds of any personal action, in the name and on behalf of an infant or incompetent person, until such next friend shall have entered into a sufficient bond to the Governor, for the use of the infant and the infant’s representatives, conditioned well and fully to account for and concerning such trust, which bond may be sued on by order of the court in the name of the Governor and for the use of the infant. Such bond shall be approved by the court in which the action is commenced and such approval shall be filed in such clerk’s office.

History. Ga. L. 1966, p. 609, § 17; Ga. L. 1968, p. 1104, § 6; Ga. L. 1985, p. 656, § 1; Ga. L. 2020, p. 377, § 2-7/HB 865.

The 2020 amendment, effective January 1, 2021, in subsection (a), in the second sentence, substituted “A personal representative, a temporary” for “An executor, an”, inserted “a conservator,”, and inserted “or her” twice; and, in subsection (c), inserted “or she” and “or her” in the second sentence and substituted “infant” for “infant,” at the beginning of the fourth sentence.

Cross references.

Appointment of guardian for incompetent person by judge of probate court generally, Ch. 5, T. 29.

Appointment of guardians ad litem in probate proceedings, § 53-3-19.

U.S. Code.

For provisions of Federal Rules of Civil Procedure, Rule 17, see 28 U.S.C.

Law reviews.

For article, “Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act,” see 4 Ga. St. B.J. 503 (1968).

For article, “The Child as a Party in Interest in Custody Proceedings,” see 10 Ga. St. B.J. 577 (1974).

For article discussing Allan v. Allan, 236 Ga. 199 , 223 S.E.2d 445 (1976), holding Georgia’s notice requirement for year’s support unconstitutional prior to 1977 revision, see 13 Ga. St. B.J. 85 (1976).

For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).

For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981).

For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982).

For article, “Georgia’s ‘Door-Closing’ Statute: Who Bears the Burden?,” see 24 Ga. St. B.J. 141 (1988).

For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).

For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008).

For note, “The Great Escape: How One Plaintiff’s Sidestep of a Mandatory Arbitration Clause Was Applied to a Class in Bickerstaff v. SunTrust Bank,” see 68 Mercer L. Rev. 539 (2017).