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Idaho R. Fam. L.P. 112

Capacity

activein force · 2021-07-01 – presentact-effective-date

(a) Capacity to Sue or be Sued. The capacity of a party, who is not acting in a representative capacity, to sue or be sued, is determined by the law of this state.

(b) Minor or Incompetent Persons.

(1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person:

(A) a general guardian;

(B) a committee;

(C) a conservator; or

(D) a like fiduciary.

(2) Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person unrepresented in an action.

History

(Adopted March 29, 2021, effective July 1, 2021.)

Provenance

Source
isc.idaho.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
5d0cc6f5a2f90cbe213b082a68a51215b5b282c5ddcb1c892219b5509bea34b9
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