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RULE 2-202. CAPACITY

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 200. Parties
MD Rules, Rule 2-202
RULE 2-202. CAPACITY
(a) Generally. Applicable substantive law governs the capacity to sue or be sued of an individual, a corporation, a person acting in a representative capacity, an association, or any other entity.
(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.
(c) Settlement of Suits on Behalf of Minors.
(1) Generally. Subject to subsection (c)(2) of this Rule, a next friend who files an action for the benefit of a minor may settle the claim on behalf of the minor.
(2) Approval of Court.
(A) If the next friend is the only living parent of the minor, the settlement need not be approved by a court.
(B) If the next friend is not the only living parent of the minor, the settlement must be approved (i) by each living parent of the minor, or (ii) after a reasonable attempt at notice to each living parent and an opportunity for a hearing, by a court.
(C) If there are no living parents of the minor, the settlement must be approved by a court.
(D) A motion for court approval shall be filed in the court where the action is pending.
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.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 8, 2005, eff. Jan. 1, 2006; Nov. 21, 2013, eff. Jan. 1, 2014.]

Editors' Notes

HISTORICAL NOTES
2005 Orders
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.
2013 Orders
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 August 1, 2019.
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