RULE 2-202. CAPACITY
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 2-202
RULE 2-202. CAPACITY
(b) Suits by Individuals Under Disability. An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of its parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action, and if the custodial parent fails to institute suit within the one year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent.
Cross reference: For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.
(d) Suits Against Individuals Under Disability. In a suit against an individual under disability, the guardian or other like fiduciary, if any, shall defend the action. The court shall order any guardian or other fiduciary in its jurisdiction who fails to comply with this section to defend the individual as required. If there is no such guardian or other fiduciary, the court shall appoint an attorney to represent and defend the individual.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule 205 c and d.
Section (c) is new.
Section (d) is derived from former Rule 205 e 1 and 2.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 8, 2005, eff. Jan. 1, 2006; Nov. 21, 2013, eff. Jan. 1, 2014.]
The November 8, 2005, order inserted new section (c), related to settlement of suits on behalf of minors; inserted the cross reference following section (c); redesignated former section (c) as section (d); and amended the source note.
The November 21, 2013, order, revised and clarified section (c).
MD Rules, Rule 2-202, MD R RCP CIR CT Rule 2-202
Current with amendments received through April 1, 2020.
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