PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Types
............Capacity
4 Cards On This Topic:

Substitution of parties with capacity cannot affect meritorious defense such as SOL.

If objection to capacity, either to sue or defend, is sustained, ct. can grant leave to substitute correct party or entity.

Action naming estate as D, which has no legal capacity, may be amended to name executors as proper parties.

Pleadings may be amended to correct a mistake such as in the name of a party; such amendment favored over dismissal for lack of capacity to sue.