§ 16-61-107 - Insanity during pendency of action -- Guardian joined.

16-61-107. Insanity during pendency of action -- Guardian joined.

Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:

(1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;

(2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also.