If an infant defendant, or a relative or friend of an infant under the age of fourteen, neglects for twenty days to procure the appointment of a guardian ad litem to defend the suit, the court shall appoint some competent person to be the guardian ad litem for such infant in the defense of such suit.
History: Laws 1897, ch. 73, § 15; C.L. 1897, § 2685 (15); Code 1915, § 4086; C.S. 1929, § 105-207; 1941 Comp., § 19-611; 1953 Comp., § 21-6-11; Laws 1975, ch. 257, § 8-108.
Compiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA.
Cross references. — For definition of infants, see 38-4-13 NMSA 1978.
For age of majority, see 28-6-1 NMSA 1978.
For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017 NMRA.
Structure New Mexico Statutes
Section 38-4-2 - [Several persons liable on contract, judgment or statute; parties defendant.]
Section 38-4-5 - [Suits against partners; joinder; enforcement of judgment; service of process.]
Section 38-4-6 - [Married woman.]
Section 38-4-7 - Infant; suits between spouses.
Section 38-4-8 - [Infants; bond of next friend.]
Section 38-4-9 - Costs in suit brought by certain representatives of infant.
Section 38-4-10 - Guardian ad litem for infant defendant.
Section 38-4-11 - Failure to apply for appointment of guardian ad litem.
Section 38-4-12 - Liability of guardian ad litem for costs.
Section 38-4-13 - Definition of "infant" as used in Sections 38-4-7 through 38-4-12 NMSA 1978.
Section 38-4-14 - Incapacitated person; definition.
Section 38-4-15 - Appointment of guardian ad litem to defend suit.
Section 38-4-16 - Compromise by guardian ad litem.