Section 38-4-10 – Guardian ad litem for infant defendant.
Appointment of a guardian ad litem may be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if the age of fourteen years or more, or, if said infant is under the age of fourteen, on the written request […]
Section 38-4-11 – Failure to apply for appointment of guardian ad litem.
If an infant defendant, or a relative or friend of an infant under the age of fourteen, neglects for twenty days to procure the appointment of a guardian ad litem to defend the suit, the court shall appoint some competent person to be the guardian ad litem for such infant in the defense of such […]
Section 38-4-12 – Liability of guardian ad litem for costs.
No person appointed guardian ad litem for an infant for the purpose of defending a suit against such infant shall be liable for the costs of such suit, unless especially charged by the court for some personal misconduct in such cause. History: Laws 1897, ch. 73, § 16; C.L. 1897, § 2685 (16); Code 1915, […]
Section 38-4-13 – Definition of “infant” as used in Sections 38-4-7 through 38-4-12 NMSA 1978.
As used in Sections 38-4-7 through 38-4-12 NMSA 1978, “infant” means a person who has not reached the age of majority. History: 1953 Comp., § 21-6-12.1, enacted by Laws 1973, ch. 64, § 1. ANNOTATIONS Cross references. — For age of majority, see 28-6-1 NMSA 1978.
Section 38-4-14 – Incapacitated person; definition.
As used in the Probate Code [Chapter 45 NMSA 1978] the term “incapacitated person” means any person who demonstrates over time either partial or complete functional impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he is […]
Section 38-4-15 – Appointment of guardian ad litem to defend suit.
Appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request and petition of a relative or friend of the incapacitated person. However, in the event no relative or friend of the incapacitated person makes application for […]
Section 38-4-16 – Compromise by guardian ad litem.
The guardian ad litem so appearing in any action or proceeding for and on behalf of an incapacitated person shall have power to compromise the same and to agree to the judgment to be entered in the action or proceeding for or against the protected person, subject to the approval of the court in which […]
Section 38-4-17 – Costs paid by guardian ad litem.
No person appointed guardian ad litem for an incapacitated person, for the purpose of bringing a suit for or defending a suit against such incapacitated person, shall be liable for the costs of such suit, unless especially charged by the court for some personal misconduct in such case. History: Laws 1925, ch. 22, § 7; […]
Section 38-4-18 – Partnerships and corporations may be represented by partner, officer or director in proceedings in magistrate and metropolitan court.
In any proceeding in the magistrate and metropolitan courts of this state, a partnership or a corporation that is a party may be represented by a partner, officer or director of the partnership or corporation even though the partner, officer or director is not an attorney. History: Laws 1987, ch. 103, § 1.
Section 38-4-9 – Costs in suit brought by certain representatives of infant.
The guardian, conservator or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law. History: Laws 1897, ch. 73, § 12; C.L. 1897, § 2685 (12); Code 1915, § […]