§ 16-61-104 - Actions against infants -- Defense by guardian.
16-61-104. Actions against infants -- Defense by guardian.
(a) The defense of an infant must be by his or her regular guardian or by a guardian appointed to defend for him or her, where no regular guardian appears, or where the court directs a defense by a guardian appointed for that purpose.
(b) No judgment can be rendered against an infant until after a defense by a guardian.
(c) (1) The appointment of a guardian may be made upon the application of the infant if he or she is of the age of fourteen (14) years and if he or she applies within twenty (20) days after the service of the summons.
(2) If he or she is under the age of fourteen (14) years or does not so apply, the appointment may be made upon the application of any friend of the infant or on that of the plaintiff in the action.