25-31-602. When guardian necessary -- how appointed. When a minor, incompetent person, or person who has been committed pursuant to 53-21-127 is a party, the minor or other person shall appear either by general guardian, if the minor or other person has one, or by a guardian ad litem appointed by the justice. When a guardian ad litem is appointed by the justice, the guardian ad litem must be appointed as follows:
     (1) If the minor, incompetent person, or person who has been committed pursuant to 53-21-127 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, an incompetent person, or a person who has been committed pursuant to 53-21-127, upon the application of a relative or friend;
     (c) in a 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, incompetent person, or person who has been committed pursuant to 53-21-127 is a defendant, the appointment must be made at the time that 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, an incompetent person, or a person who has been committed pursuant to 53-21-127, 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; amd. Sec. 3, Ch. 490, L. 1997.