Posts

Showing posts with the label Civil Procedure

About suits by or against minors and lunatics

Legal proceedings involving minors and lunatics (persons of unsound mind) have special rules and protections in place due to their inability to fully understand or engage in legal actions on their own. Here’s a detailed overview of how lawsuits involving these parties are typically handled: Suits Involving Minors 1. Definition A minor is an individual who has not reached the age of majority, typically 18 years in many jurisdictions. 2. Guardian or Next Friend Minors cannot sue or be sued directly. Instead, legal actions on behalf of a minor must be conducted by a representative known as a "next friend" (for initiating suits) or a "guardian ad litem" (for defending suits). The court appoints a next friend or guardian ad litem to ensure the minor’s interests are protected. 3. Filing a Suit The next friend initiates a lawsuit by filing a complaint on behalf of the minor. The next friend must show that they are acting in the minor's best