§ 16-61-103 - Actions by infants.
16-61-103. Actions by infants.
(a) The action of an infant must be brought by his or her guardian or his or her next friend.
(b) Any person may bring the action of an infant as his or her next friend, but the court has power to dismiss it if it is not for the benefit of the infant, or to substitute the guardian of the infant, or another person, as the next friend.
(c) The guardian or next friend is liable for the costs of the action brought by him or her, and where he or she is insolvent and it is made to appear that the action is malicious or that the next friend was selected because of his or her insolvency, the court in its discretion may require him or her to give security for the costs.