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This entry was published on 2014-09-22
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Appointment of guardian ad litem
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 12
Rule 1202. Appointment of guardian ad litem. (a) By whom motion made.
The court in which an action is triable may appoint a guardian ad litem
at any stage in the action upon its own initiative or upon the motion

1. an infant party if he is more than fourteen years of age; or

2. a relative, friend or a guardian, committee of the property, or
conservator; or

3. any other party to the action if a motion has not been made under
paragraph one or two within ten days after completion of service.

(b) Notice of motion. Notice of a motion for appointment of a guardian
ad litem for a person shall be served upon the guardian of his property,
upon his committee or upon his conservator, or if he has no such
guardian, committee, or conservator, upon the person with whom he
resides. Notice shall also be served upon the person who would be
represented if he is more than fourteen years of age and has not been
judicially declared to be incompetent.

(c) Consent. No order appointing a guardian ad litem shall be
effective until a written consent of the proposed guardian has been
submitted to the court together with an affidavit stating facts showing
his ability to answer for any damage sustained by his negligence or