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CR 17.03 Infants and persons of unsound mind

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
IV Parties
CR 17. Parties Plaintiff and Defendant; Capacity
Kentucky Rules of Civil Procedure (CR) Rule 17.03
CR 17.03 Infants and persons of unsound mind
(1) Actions involving unmarried infants or persons of unsound mind shall be brought by the party's guardian or committee, but if there is none, or such guardian or committee is unwilling or unable to act, a next friend may bring the action.
(2) Actions involving unmarried infants or persons of unsound mind shall be defended by the party's guardian or committee. If there is no guardian or committee or he is unable or unwilling to act or is a plaintiff, the court, or the clerk thereof if its judge or judges are not present in the county, shall appoint a guardian ad litem to defend unless one has been previously appointed under Rule 4.04(3) or the warning order attorney has become such guardian under Rule 4.07(3).
(3) No judgment shall be rendered against an unmarried infant or person of unsound mind until the party's guardian or committee or the guardian ad litem shall have made defense or filed a report stating that after careful examination of the case he is unable to make defense.
(4) Papers required to be served on a party under Rule 5.01 shall be served on the person bringing or defending an action under this rule.
(5) The court shall allow the guardian ad litem a reasonable fee for services, to be taxed as costs. Fees allowed to counsel for children, indigent parents or non-parental custodians of children in dependency, abuse or neglect cases, and to counsel for children or indigent parents in parental rights termination cases, under the Juvenile Code, shall not exceed the amounts specified in KRS 620.100 or KRS 625.080. Counsel fee awards shall not exceed the statutory maximum, regardless of the number of persons represented in a proceeding by the counsel.

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HISTORY: Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 5-1-80, 1-1-78, 4-1-63, 3-1-55; adopted eff. 7-1-53
Rules Civ. Proc., Rule 17.03, KY ST RCP Rule 17.03
Current with amendments received through December 15, 2021.
End of Document