If the funds held by a party are held by a financial institution on behalf of, but not necessarily in trust (e.g., a bank chequing account is seized by a third party claiming a valid outstanding debt), the bank is generally sued as a nominal defendant. Of course, the real part is in the interest of the account owner, who has an absolute right to intervene and protect his assets. If Wiktionary already has a definition, change that tag to {{TWCleanup2}} or consider a soft redirect to Wiktionary by replacing the text on this page with {{Wi}}. If Wiktionary doesn`t already have the definition, consider moving the entire article to Wiktionary by replacing this tag with the {{Copy to Wiktionary}} template. n. The person or entity who will benefit from a lawsuit or application, even if the plaintiff (the person filing the claim) is someone else, often referred to as the «nominal» plaintiff. Example: A trustee sues a person who damaged a trust property; The real interested party is the beneficiary of the trust. In law, the real interested party is the one who actually holds the substantive right claimed and who has the legal right to enforce the claim (under the applicable substantive law). In addition, the «true interested party» must bring an action on its own behalf. In many situations, the parties themselves (i.e.
the plaintiff and the defendant) are the true interested party. In Michigan law, the true interested party rule recognizes that litigation should only be initiated by a party who has an interest that provides sincere and vigorous advocacy. [1] In California law, when a case is subject to a writ of warrant (California version of mandamus), the appellant goes first in signing the case in the appeal as plaintiff, and the superior court becomes the defendant. The real adversary is then listed under these names as a «real party in interest». Thus, a number of famous California cases such as Burnham v. Superior Court of California (1990) ended with such unusual names. A party is a person or group of persons who form an entity that can be identified as a single entity for the purposes of the Act. The parties include: the plaintiff (the person bringing an action), the defendant (a person prosecuted or accused of a crime), the plaintiff (filing a motion for a court decision), the defendant (usually against a motion or appeal), the cross-plaintiff (a defendant suing another person in the same claim) or the cross-defendant (a person sued by a cross-petitioner). [1] A person who appears only as a witness in the case is not considered a party. Courts use a variety of terms to identify the role of a particular party in a civil dispute, typically the party filing a claim as a plaintiff or, in older U.S. cases, the party to the first party; and the party against whom the action was brought as a defendant or, in earlier U.S.
cases, the party to the second party. In criminal proceedings in Nigeria and some other countries, the parties are called prosecutor and defendant. When a trustee is a party to a dispute, the real party in the interest is the beneficiary of the trust. In the United States, Rule 17 of the Federal Rules of Civil Procedure expressly provides that the trustees are the effective party in the interest when it is necessary to bring an action on behalf of the estate. A beneficiary may institute proceedings in these circumstances only if the trustee refuses or refrains from bringing an action. This template no longer automatically categorizes articles as candidates for Wiktionary.