Guardian ad Litem

U.S. District Court for the District of Montana

Rule Set: Local Rules of the U.S. District Court for the District of Montana

Rule: 17.1

Jurisdiction: DMT

Bluebook Citation: D. Mont. L.R. 17.1

All Rules: D. Mont. Local Rules, complete index


Text

(a) Qualifications. A person is qualified to be a guardian ad litem if he or she: (1) has no interest adverse to the ward; (2) (3) is not financially connected with the ward’s attorney, the opposing party, or opposing party’s counsel; and has sufficient means to answer to the ward for any injury caused by the guardian’s negligence or misconduct. (b) Appointment. (1) A person or party may file an ex parte petition for appointment of a guardian ad litem.

The petition must set forth the reasons appointment is necessary. (2) The court may appoint a guardian ad litem sua sponte or act on a petition. If the court grants a petition for appointment, it may appoint a person other than the petitioner as guardian ad litem. (c) Bond.

Before receiving money or property on the ward’s behalf, a guardian must post a bond in an amount fixed by the presiding judge. D.Mont L.R. 17.1 Guardian ad Litem 41 | P a g e Civil Rule 24. Intervention

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