Rules of Court · Part 4 · New Jersey
R. 4:26-1 New Jersey Rules of Court, R. 4:26-1: Real Party in Interest, rendered as code with every cross-reference linked
Real Party in Interest
Every action may be prosecuted in the name of the real party in interest; but an executor, administrator, guardian of a person or property, trustee of an express trust or a party with whom or in whose name a contract has been made for the benefit of another may sue in the fiduciary's own name without joining the person for whose benefit the suit is brought. A trustee of an express trust may be sued without joining the beneficiaries of the trust unless it shall affirmatively appear in the action that a conflict of interest exists between the trustee and the beneficiaries.
Note: Source-R.R. 4:30-1; amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:26-1 "Real Party in Interest" {
Every action may be prosecuted in the name of the real party in interest; but an executor, administrator, guardian of a person or property, trustee of an express trust or a party with whom or in whose name a contract has been made for the benefit of another may sue in the fiduciary's own name without joining the person for whose benefit the suit is brought. A trustee of an express trust may be sued without joining the beneficiaries of the trust unless it shall affirmatively appear in the action that a conflict of interest exists between the trustee and the beneficiaries.
Note: Source-R.R. 4:30-1; amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 4:22-1
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02R. 4:26-2 → · chapter 4:26 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.