TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 3

PARTIES TO ACTIONS

5-306.  Infants and insane persons — Guardians ad litem. When an infant or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending in each case. A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient, to represent the infant, insane or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him.

History:

[(5-306) C.C.P. 1881, sec. 187; R.S., R.C., & C.L., sec. 4095; C.S., sec. 6639; I.C.A., sec. 5-306; am. 2012, ch. 20, sec. 1, p. 66.]