§ 5-1013. Party under legal disability  


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  •    (a) Next friend or guardian ad litem not required. -- A party under legal disability need not proceed by guardian, committee, or next friend or defend by guardian ad litem, committee, or court-appointed counsel under this subtitle.

    (b) Proceeding binding on legally disabled party. -- Any proceeding under this subtitle by or against a party under legal disability and any action taken by counsel on behalf of a party under legal disability is binding on that party as if that party were not under legal disability.

    (c) Duty to advise court. -- Any person who has knowledge of a party's legal disability shall advise the court of that disability. This duty to advise the court applies particularly to the counsel for the parties.

    (d) Court's duty to protect rights. -- The court may take any action and order any proceedings that the court considers just and proper to protect the rights of a party under legal disability.


HISTORY: An. Code 1957, art. 16, § 66E; 1984, ch. 296, § 2.