Short answer. The judgment must set out the individual or proper names of the persons sued as the entity, if known. Rule 36, Section 6 requires this whenever judgment is rendered against two or more people sued together as an entity without juridical personality.
What the law says
When judgment is rendered against two or more persons sued as an entity without juridical personality, the judgment shall set out their individual or proper names, if known.
Rule 36, Section 6 — Judgment against entity without juridical personality. Read the full provision →
The problem with suing an unincorporated group
An association, club, or similar group that has no juridical personality of its own cannot itself hold property or be levied upon the way a registered corporation can. If a judgment only names the group in the abstract, without identifying the actual people who make it up, there is a real risk that the judgment will end up unenforceable against anyone in particular, because there is no single legal person standing behind the group's name.
What the rule requires, and why it matters for enforcement
When judgment is rendered against two or more persons sued as an entity without juridical personality, Section 6 requires the judgment to set out their individual or proper names, if those names are known to the court. This matters because a writ of execution has to be directed at identifiable persons and their specific property; spelling out the individual names in the judgment itself gives the sheriff something concrete to act on, instead of an abstract group label that cannot be levied against on its own.
What this does not change
The requirement is purely about how the judgment is written, not about who is actually liable. It does not expand or narrow liability, and it does not decide who among the group's members bears what share of the obligation; it only makes sure the judgment names, individually, the people who make up the group already found liable as that entity. It also does not shift responsibility away from anyone who was actually a member of the group and properly served as a defendant; the section simply governs how the judgment must record the names of the people already found liable through the litigation.
When the individual names are not known
The obligation is expressly qualified by the phrase 'if known.' Where the individual identities of the group's members are not known to the court at the time judgment is rendered, Section 6 does not require inventing or guessing at names; the judgment can still be rendered against the entity as sued. A plaintiff nonetheless benefits from establishing individual identities as early as possible, since unresolved anonymity can complicate enforcement later, once judgment has already been obtained.
Related provisions
- Rule 36, Section 6 — Judgment against entity without juridical personality
- Rule 36, Section 5 — Separate judgments