Civil Court Rules and Jury Charges

Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Deputy Chair of the ABA Criminal Law Committee,GP and lectured at the 2009 ABA Annual Meeting attended by 10,000 attorneys and professionals. Visit Website www.njlaws.com

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Tuesday, June 30, 2009

RULE 4:26. PARTIES PLAINTIFF AND DEFENDANT

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.