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An individual who acts on behalf of another individual who does not have the legal capacity to act on his or her own behalf.
The individual in whose name a minors lawsuit is brought, or who appears in court to represent such minors interest. The French term prochein ami has been used to designate such an individual, but the termGuardian Ad Litemis more commonly used.
AtCommon Law, when an individual was unable to look after his or her own interests or manage his or her lawsuit, the court would appoint a person to represent that individuals legal interests. In court terminology this person was called a next friend, which is derived from the French termprochein ami.Individuals requiring a next friend included minors, persons who were mentally ill or mentally retarded, infirm or senile persons, and others whose disabilities prevented them from managing their affairs.
State statutes now set the qualifications and duties of a person who acts as a next friend, but these laws more commonly designate this person aguardian ad litem, or a court-appointed special advocate. Regardless of the designation, this persons responsibilities are now confined to representing a minor or incompetent person in a lawsuit or court proceeding. At common law, a next friend represented a plaintiff, whereas aguardian ad litemrepresented a defendant. This distinction has been removed in modern law.
A next friend is not a party to a lawsuit but an officer of the court. When the lawsuit is concluded, the next friends duty ends. The next friend has no right to control the property of the person she or he represents or to assume custody of that person. These rights may be given to a person designated by a court as a minors or incompetent persons guardian.
Guardians ad litemare commonly used in family and juvenile courts, where the best interests of the child require an independent, neutral person to safeguard the childs rights. The increased number of these representatives has led states to develop training and certification programs for individuals wishing to serve as next friends orguardians ad litem.Though attorneys also may represent juveniles, next friends provide valuable assistance to the courts.
n. a person (often a relative) who voluntarily helps a minor or incompetent in legal matters, particularly by filing a lawsuit. However, this informal practice has been supplanted in almost all states by petitions for appointment of a guardian ad litem at the time the law suit is filed. (See:guardian ad litem)
NEXT FRIEND. One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris. Vide Amy; Prochein Amy.
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standing, there is also some authority indicating that an advocate may seek relief in federal court if he is authorized to appear as the agent of a party with standing.
Reform of the Foreign Intelligence Surveillance Courts: a brief overview
It is most unusual for one parent to act as the
of his or her child bringing proceedings against another parent.
The Family Homes and Domestic Violence (Northern Ireland) Order 1998, Articles 11, 20, 21, and the Children (Northern Ireland) Order 1995, Article 11(7): child as applicant; competence; choice of proceedings
Although the concerns surrounding the petitions of the Guantanamo Bay prisoners differ greatly from those in the state criminal-conviction context, the courts have applied the same rules for habeas corpus petitions in both circumstances–specifically, the doctrine of
Next friend standing and the war on terror
to join the circle was Jonathon Yarwood, a Florida-based coach, to whom Campbell turned on the recomm- endation of fellow New Zealand golfer Stephen Scahill.
Golf: Maori Michael cant Haka it anymore
petitions in state and federal courts that wound up delaying the execution by three days.
In Brown, on July 1, 1993, plaintiff Browns
was struck and injured while attempting to cross the intersection of M-119, West Bluff Street, and State Street in the city of Harbor Springs, Michigan.
Plaintiff becomes claimant, writ – claim form, pleading – statement of case, statement of claim or points of – particulars of claim, summons or motion – application, interrogatories and further and better particulars – requests for information, discovery – disclosure, leave of the court – permission of the court, minor/infant – child, in camera or in chambers – in private,
or guardian ad litern – litigation friend, payment into court – Part 36 payment, subpoena – witness summons, taxation of costs – assessment of costs, taxing master – costs judge, Anton Piller order – search order, Mareva injunction – freezing injunction, inter partes – on notice, originating summons – alternative procedure, and ex parte – without notice
All change in the civil courts; SOLICITOR FEARS NIGHTMARE IN MAJOR REORGANISATION OF LEGAL SYSTEM
, Joez, who lives in Salem, because of her perfect makeup and her joblessness, and the fact that she takes poetry courses at the community college–just that.
THE PASSIONATE MISTAKES AND INTRICATE CORRUPTION OF ONE GIRL IN AMERICA
120) Kellogg then presented the same claims in a
habeas petition in federal court on October 23, 1990.
Protecting first federal habeas corpus petitions: closing the opening left by Gomez
Press Southworth has also published A Farm in the Firelands of Ohio by Dayton A.
Next Friend: The Journal of a Foster Parent
of a minor and individually, Carrie Larkin, filed a lawsuit against Wal-Mart Stores Inc.
United States : TEENAGER suffers burns, WAL-MART sued
The court should allow a well-informed and capable
to voluntarily come alongside the child solely for the purposes of moving for the appointment of counsel for the child.
The use of next friends to seek appointment of counsel for dependent children who are incapable or unable to request appointment of counsel
Next Detroit Neighborhood Initiative
Next Evolution in Financial Services Systems
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Next Generation Add Drop Multiplexer
Next Generation Air Transportation System
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Next Generation Awareness Foundation, Inc.
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