RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

(1) The phrase "The advisability of a preliminary reference of issues to a master
for findings to be used as evidence when the trial is to be by jury" has been deleted
principally because Rule 53 gives ample opportunity for the use of masters. This situation
is also rare, and in any event could be raised under clause (4).
(2) A portion dealing with jury trials has been deleted.
(3) A new subdivision (5) is added to reflect the hopes that the pre-trial
conference may be able to help the parties resolve the dispute before it goes to trial.
Mention is made to due recognition of traditions and customs as a means of conflict
resolution as set forth in the purpose section of the State Judiciary Act.
IV. PARTIES
Rule 17. Parties Plaintiff and Defendant; Capacity.
(a) Real Party in Interest. Every action shall be prosecuted in the name of the real
party in interest. An executor, administrator, guardian, bailee, trustee of an express trust,
a party with whom or in whose name a contract has been made for the benefit of another,
a party authorized by statute may sue in his own name without joining with him the party
for whose benefit the action is brought; and when a statute of the State of Yap so
provides, an action for the use or benefit of another shall be brought in the name of the
State of Yap. No action shall be dismissed on the ground that it is not prosecuted in the
name of the real party in interest until a reasonable time has been allowed after objection
for ratification of commencement of the action by, or joinder or substitution of, the real
party in interest; and such ratification, joinder, or substitution shall have the same effect
as if the action had been commenced in the name of the real party in interest.
(b) Vacant. (Capacity to Sue or Be Sued)
(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a
representative, such as a general guardian, committee, conservator, or other like
fiduciary, the representative may sue or defend on behalf of the infant or incompetent
person. If an infant or incompetent person does not have a duly appointed representative
he may sue by his next friend or by a guardian ad litem. The court shall appoint a
guardian ad litem for an infant or incompetent person not otherwise represented in an
action or shall make such other order as it deems proper for the protection of the infant or
incompetent person.
Rule 18. Joinder of Claims and Remedies.
(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party
claim may join, as independent or alternative claims, as many claims as it has against an
opposing party.
(b) Joinder of Contingent Claims. A party may join two claims even though one of them
is contingent on the disposition of the other; but the court may grant relief only in
accordance with the parties' relative substantive rights. In particular, a plaintiff may state
a claim for money and a claim to set aside a conveyance that is fraudulent as to that
plaintiff, without first obtaining a judgment for the money.