25-31-602. When guardian necessary -- how appointed. When a minor or seriously mentally ill or incompetent person is a party, he must appear either by his general guardian, if he has one, or by a guardian ad litem appointed by the justice. When a guardian ad litem is appointed by the justice, he must be appointed as follows:
     (1) If the minor or seriously mentally ill or incompetent person is a plaintiff, the appointment must be made before the summons is issued:
     (a) in the case of a minor who is 14 or more years old, upon the application of the minor;
     (b) in the case of a minor who is less than 14 years old or a seriously mentally ill or incompetent person, upon the application of a relative or friend;
     (c) in any case described in subsection (1)(a) or (1)(b) in which no application is made, upon the justice's own motion.
     (2) If the minor or seriously mentally ill or incompetent person is a defendant, the appointment must be made at the time the summons is returned or before the answer:
     (a) in the case of a minor who is 14 or more years old and who applies before the summons is returned or at the time of the return, upon the application of the minor;
     (b) in the case of a minor who is less than 14 years old or a seriously mentally ill or incompetent person, upon the application of a relative or friend or any other party to the action;
     (c) in any case described in subsection (2)(a) or (2)(b) in which no application is made, upon the justice's own motion.

     History: En. Sec. 555, p. 151, Bannack Stat.; re-en. Sec. 661, p. 169, Cod. Stat. 1871; re-en. Sec. 721, 1st Div. Rev. Stat. 1879; re-en. Sec. 741, 1st Div. Comp. Stat. 1887; en. Sec. 1504, C. Civ. Proc. 1895; re-en. Sec. 6997, Rev. C. 1907; re-en. Sec. 9630, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 843; re-en. Sec. 9630, R.C.M. 1935; R.C.M. 1947, 93-6705; amd. Sec. 122, Ch. 575, L. 1981.