§17.8 Strategic and Practical Considerations

JurisdictionWashington

§17.8STRATEGIC AND PRACTICAL CONSIDERATIONS

Defendants should examine at the outset of a case whether the plaintiff is the real party in interest. Although courts have treated an objection based on the plaintiff's lack of real party in interest status as one that may be made in a CR 12(b)(6) motion to dismiss, no clear rule exists. Thus, to ensure that the objection is not waived, it should also be affirmatively averred in the defendant's answer to the complaint or in a motion to dismiss before answering.

When a real party in interest is known but not named, the plaintiff may risk losing the right to have the later addition of the real...

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