Local Rule LR 17.1: Infants and Incompetent Persons

LR 17.1 - Infants and Incompetent Persons a. Guardians Ad Litem. The judge will have broad discretion to appoint a guardian ad litem pursuant to Fed. R. Civ. P. 17(c)(2). 1. Appointment Procedure. Guardians ad litem may be appointed ex parte, at any time upon the presentation to the judge of a sworn petition showing good cause for the appointment. An appointment order will be submitted with the petition. 2. Person Ineligible to be a Guardian Ad Litem. Except in the discretion of the judge, no person will be appointed guardian ad litem if the person has an interest adverse to that of the minor or incompetent; or if the person is connected in business with an adverse party or with the attorney of the adverse party; or if the person has insufficient pecuniary ability to answer to the minor or incompetent for any injury which the minor or incompetent may sustain as a result of the person's negligence or misconduct. 3. Bond of Guardian Ad Litem. Ordinarily, no bond will be necessary from a guardian ad litem; provided, that no guardian will receive any money or other property of the minor or incompetent until the guardian has filed with the clerk a bond in an amount fixed by the judge, conditioned for the faithful performance of the guardian's duties. If the guardian does not desire to receive any money or property of the minor or incompetent, the money or property will be paid or delivered to the clerk or to a person directed by the Court. Under these circumstances, the payment or delivery of the money or property to the clerk will have the same effect as if the money or property had been paid or delivered to the guardian. 4. Order of Judgment Required. No action by or on behalf of a minor or incompetent will be dismissed, discontinued, or terminated without the Court's approval. When required by Commonwealth law, court approval must also be obtained from the appropriate Commonwealth court having jurisdiction over the matter for any settlement or other disposition of litigation involving a minor or incompetent.