2020 New Mexico Statutes
Chapter 38 - Trials
Article 4 - Parties
Section 38-4-9 - Costs in suit brought by certain representatives of infant.

Universal Citation: NM Stat § 38-4-9 (2020)

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, § 4083; C.S. 1929, § 105-204; 1941 Comp., § 19-609; 1953 Comp., § 21-6-9; Laws 1975, ch. 257, § 8-106.

ANNOTATIONS

Cross references. — For liability of guardian ad litem for costs, see 38-4-12 NMSA 1978.

For the definition of infant, see 38-4-13 NMSA 1978.

For age of majority, see 28-6-1 NMSA 1978.

For suits by or against infants or incompetents generally, see Rule 1-017 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Allowance of fees for guardian ad litem appointed for infant defendant, as costs, 30 A.L.R.2d 1148.

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