When an infant is defendant and resides in this state, a guardian ad litem may be appointed upon the application of the infant if the infant is at least fourteen years of age and applies within twenty days after the service of the summons. If the infant is under the age of fourteen years or neglects so to apply, then the application may be made by any other party to the action or by a relative or friend of the infant. If the application is not made by the infant, notice thereof must be given to the infant’s guardian or conservator, if the infant has either, and if not, then to the infant if the infant is at least fourteen years of age, and if the infant is under that age, then to the person with whom such infant resides.

Terms Used In North Dakota Code 28-03-02

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Summons: Another word for subpoena used by the criminal justice system.