Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-12 > R1202

Rule  1202. Appointment of guardian ad litem. (a) By whom motion made.  The court in which an action is triable may appoint a guardian ad  litem  at  any  stage  in the action upon its own initiative or upon the motion  of:    1. an infant party if he is more than fourteen years of age; or    2. a relative, friend or a guardian, committee  of  the  property,  or  conservator; or    3.  any  other party to the action if a motion has not been made under  paragraph one or two within ten days after completion of service.    (b) Notice of motion. Notice of a motion for appointment of a guardian  ad litem for a person shall be served upon the guardian of his property,  upon his committee or upon  his  conservator,  or  if  he  has  no  such  guardian,  committee,  or  conservator,  upon  the  person  with whom he  resides. Notice shall also be  served  upon  the  person  who  would  be  represented  if  he  is more than fourteen years of age and has not been  judicially declared to be incompetent.    (c) Consent.  No  order  appointing  a  guardian  ad  litem  shall  be  effective  until  a  written  consent  of the proposed guardian has been  submitted to the court together with an affidavit stating facts  showing  his  ability  to  answer  for  any damage sustained by his negligence or  misconduct.