Fla. R. Civ. P. 1.210

Parties

sha256 0fb046cb358952a8ee120ae6eece36f7… · retrieved 7/11/2026, 11:08:23 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.210. 	PARTIES
(a) 	Parties Generally. Every action may be prosecuted in
the name of the real party in interest, but a personal representative,
administrator, guardian, 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 expressly authorized by statute may sue in that
person’s own name without joining the party for whose benefit the
action is brought. All persons having an interest in the subject of
the action and in obtaining the relief demanded may join as
plaintiffs and any person may be made a defendant who has or
claims an interest adverse to the plaintiff. Any person may at any
time be made a party if that person’s presence is necessary or
proper to a complete determination of the cause. Persons having a
united interest may be joined on the same side as plaintiffs or
defendants, and anyone who refuses to join may for such reason be
made a defendant.
(b) 	Minors or Incompetent Persons. When a minor or
incompetent person has a representative, such as a guardian or
other like fiduciary, the representative may sue or defend on behalf
of the minor or incompetent person. A minor or incompetent person
who does not have a duly appointed representative may sue by next
friend or by a guardian ad litem. The court shall appoint a guardian
ad litem for a minor or incompetent person not otherwise
represented in an action or shall make such other order as it deems
proper for the protection of the minor or incompetent person.

Committee Notes
1980 Amendment. Subdivisions (c) and (d) are deleted. Both
are obsolete. They were continued in effect earlier because the
committee was uncertain about the need for them at the time.
Subdivision (c) has been supplanted by section 737.402(2)(z),
Florida Statutes (1979), that gives trustees the power to prosecute
and defend actions, regardless of the conditions specified in the
subdivision. The adoption of section 733.212, Florida Statutes
(1979), eliminates the need for subdivision (d) because it provides
an easier and less expensive method of eliminating the interests of
an heir at law who is not a beneficiary under the will. To the extent
that an heir at law is an indispensable party to a proceeding
concerning a testamentary trust, due process requires notice and
an opportunity to defend, so the rule would be unconstitutionally
applied.
2003 Amendment. In subdivision (a), “an executor” is
changed to “a personal representative” to conform to statutory
language. See § 731.201(25), Fla. Stat. (2002).

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