Capacity
Capacity: The legal ability to do something, such as make a contract, make a will or take part in a lawsuit. Under Federal Rule of Civil Procedure 17(b), capacity to sue or be sued is decided by the law of the individual's domicile, for an individual not acting in a representative capacity. For a corporation, it is the law under which it was organized. For most other parties, it is the law of the state where the court is located, with limited exceptions. A person may also act in a representative capacity, such as a guardian or trustee.
What capacity means
In practice, you will see capacity in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where capacity comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Legal capacity.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses capacity in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Bond: has several meanings.
- Bound: legally required to follow or perform something.
- Brief: a written legal argument submitted to a court. Appellate briefs follow detailed rules on contents, length and format (Fed. R. App. P. 28, 32), and trial courts receive briefs supporting or opposing motions. An amicus curiae brief is filed by a non-party (Fed. R. App. P. 29).
- Burden of proof: the obligation to prove a fact or claim to the required standard.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.