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Idaho Rules of Family Law Procedure Rule 112. Capacity.


(a) Capacity to Sue or be Sued.  The capacity of a party, who is not acting in a representative capacity, to sue or be sued, is determined by the law of this state.


(b) Minor or Incompetent Persons.


(1) With a Representative.  The following representatives may sue or defend on behalf of a minor or an incompetent person:


(A) a general guardian;


(B) a committee;


(C) a conservator; or


(D) a like fiduciary.


(2) Without a Representative.   A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person unrepresented in an action.


(Adopted March 29, 2021, effective July 1, 2021.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn

Members of the
Idaho Court of Appeals

Chief Judge Jessica M. Lorello
Judge David W. Gratton
Judge Molly J Huskey
Judge Amanda K. Brailsford



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