(a)Capacity to Sue or be Sued. The capacity of a party, who is not acting in a representative capacity, to sue or be sued, is determined by the law of this state.(b)Minor or Incompetent Persons.(1)With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person: (2)Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person unrepresented in an action.Adopted April 2, 2014, effective for early adopters7/1/2014, effective statewide7/1/2015; amended April 23, 2015, effective7/1/2015; amended April 27, 2016, effective 7/1/2016; amended May 3, 2018, effective 7/1/2018; amended 29 March, 2021, effective 7/1/2021.