Washington Code 12.04.150 – Action against defendant under eighteen years — Guardian ad litem
Current as of: 2023 | Check for updates
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After service and return of process against a defendant under the age of eighteen years, the action shall not be further prosecuted, until a guardian for such defendant shall have been appointed, except as provided under RCW 7.105.100. Upon the request of such defendant, the justice shall appoint some person who shall consent thereto in writing, to be guardian of the defendant in defense of the action; and if the defendant shall not appear on the return day of the process, or if he or she neglect or refuse to nominate such guardian, the justice may, at the request of the plaintiff, appoint any discreet person as such guardian. The consent of the guardian or next friend shall be filed with the justice; and such guardian for the defendant shall not be liable for any costs in the action.
[ 2022 c 268 § 35; 2021 c 215 § 128; 1992 c 111 § 11; 1971 ex.s. c 292 § 76; Code 1881 § 1754; 1873 p 343 § 53; 1854 p 230 § 41; RRS § 1772.]
NOTES:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—1992 c 111: See note following RCW 4.08.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Terms Used In Washington Code 12.04.150
- 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: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Plaintiff: The person who files the complaint in a civil lawsuit.