2020 New Mexico Statutes
Chapter 38 - Trials
Article 4 - Parties
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 of a relative or friend of the infant, or on the written consent of any competent person proposed as guardian ad litem, and such request and consent shall be filed in the office of the clerk of the court before any answers by such infant shall be filed.
History: Laws 1897, ch. 73, § 14; C.L. 1897, § 2685 (14); Code 1915, § 4085; C.S. 1929, § 105-206; 1941 Comp., § 19-610; 1953 Comp., § 21-6-10; Laws 1975, ch. 257, § 8-107.
ANNOTATIONSCompiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA.
Cross references. — For the definition of infant, see 38-4-13 NMSA 1978.
For age of majority, see 28-6-1 NMSA 1978.
For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017 NMRA.
Applicability of section. — This section does not expressly authorize appointment of a guardian ad litem for an infant plaintiff, and no other statute either authorizes or requires court approval of a settlement by a child, with or without representation through a guardian ad litem. Collins ex rel. Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, 806 P.2d 40.
Law reviews. — For note, "Tort Law - Either the Parents or the Child May Claim Compensation for the Child's Medical and Nonmedical Damages: Lopez v. Southwest Community Health Services," see 23 N.M.L. Rev. 373 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Infants §§ 173 to 177.
Bastardy: maintainability of bastardy proceedings against infant defendant without appointment of guardian ad litem, 69 A.L.R.2d 1379.
Capacity of guardian to sue or to be sued outside state where appointed, 94 A.L.R.2d 162.
43 C.J.S. Infants §§ 222 to 233.
