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; except that (1) an executor, administrator, personal representative, 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 such party's own name without joining with such party the party for whose benefit the action is brought, and (2) this requirement shall not be mandatory where a subrogee is a real party in interest. 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. COMMENTS:
Adopts HRCP Rule 17(a) with changes to gender neutral language. Although substantially the same, the HRCP Rule 17(a) is adopted for consistency.
(b) Reserved. COMMENTS:
Not changed.
(c) Infants or incompetent persons. Whenever an infant or incompetent person has a guardian, whether appointed as to the infant or incompetent person's person or property, such guardian appointed as to the infant or incompetent person's property, or if no guardian has been appointed as to the infant or incompetent person's property, then such guardian appointed as to the infant or incompetent person's person, may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed guardian the infant or incompetent person may sue by the infant or incompetent person's 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. COMMENTS:
Adopts DCRCP Rule 17(c) (HRCP Rule 17(c) is identical) with changes to gender neutral language.
(d) Unidentified defendant. (1) When it shall be necessary or proper to make a person a party defendant and the party desiring the inclusion of the person as a party defendant has been unable to ascertain the entire name of the defendant or a part of the defendant's name to ascertain the defendant's identity, the party desiring the inclusion of the person as a party defendant shall in accordance with the criteria of Rule 11 of these rules set forth in a pleading with the person's interest in the action, so much of the person's name as is known (and if unknown, a fictitious name shall be used), and shall set forth with specificity all actions already undertaken in a diligent and good-faith effort to ascertain the person's full name and identity. (2) Subject to HRS section 657-22, the person intended shall thereupon be considered a party defendant to the action, as having notice of the institution of the action against that party, and as sufficiently described for all purposes, including services of process, and the action shall proceed against that party. (3) Any party, may, by motion for certification, make the name or identity of the party defendant known to the court within a reasonable time after the moving party knew or should have known the name or identity of the party defendant. The motion shall be supported by affidavit setting forth all facts substantiating the movant's claim that the naming or identification has been made with due diligence. When the naming or identification is made by a plaintiff, it shall be made prior to any pre-trial conference or within such additional time as the court may allow. The court shall freely grant reasonable extensions of the time in which to name or identify the party defendant to any party exercising due diligence in attempting to ascertain the party defendant's name or identity. (4) When a party defendant has been named or identified in accordance with this rule, the court shall so certify and may make any order that justice requires to protect any party from undue burden and expense in any further proceedings involving the party defendant. (5) A party defendant who has been named or identified in accordance with this rule may have dismissal of one or more claims against that party defendant if that party defendant shows in a timely manner that the delay in naming or identifying the party defendant has caused the party defendant substantial prejudice and if the interests of justice so require. Haw. Dis. Ct. R. Civ. P. 17
COMMENTS:
Adopts HRCP Rule 17 with amendments to gender neutral language.
The increasing complexity of District Court Civil litigation justifies the adoption of such HRCP rules as this.