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.)