Real party in interest
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In law, the real party in interest is the one who possesses the substantive right being asserted and has a legal right to enforce the claim (under applicable substantive law). The "real party in interest" must also sue in his own name. In many situations, the real party in interest will be the parties themselves (i.e., plaintiff and defendant).
Applications
In
In Michigan law, the real-party-in-interest rule recognizes that litigation should be begun only by a party having an interest that will [ensure] sincere and vigorous advocacy.[1]
When a
When funds belonging to a party are held on account, but not necessarily in trust, by a financial institution (e.g., a bank checking account is garnished by a third party who claims a valid unpaid debt), the bank is typically sued as nominal defendant. Of course, the real party in interest is the owner of the account, who has an absolute right to intervene and protect his assets.
See also
- Beneficial owner
References
- ^ "Standing and Real Party In Interest Requirements". Michigan Judicial Institute.