RULE 17. PARTIES.

  1. Every action shall be prosecuted by the real party in interest except that a personal representative or other person in a fiduciary capacity may sue in his own name without joining the party for whose benefit the action is being maintained.
  2. When two or more persons associated in business together and transacting such business under a common name are sued by such common name, the Summons and Complaint in such case may be served on one or more of the associates but need not be served upon all.  A judgment in such action shall bind the joint property of all the associated and the individual property of the party or parties actually served a Summons and Complaint in the same manner as if all have been named Defendants and have sued upon their joint liability.  This section will not apply to corporations.
  3. When an infant or other incompetent person without a general guardian is made a party to a lawsuit, the Court shall appoint a guardian ad litem to present such person in the proceeding.  Unless the Court otherwise orders, no guardian ad litem shall be permitted to receive any money or other property from the ward.  Such guardian ad litem may settle or compromise the litigation only with the approval of the Court and shall make application to the Court for payment of any fees or expenses incurred by him, which fees and expenses shall be the responsibility of the ward.
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