by her next friend

English translation: A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:by her next friend
Selected answer:A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party
Entered by: Deborah do Carmo

08:43 Mar 5, 2005
English language (monolingual) [PRO]
Law/Patents - Law (general) / litigation
English term or phrase: by her next friend
A federal district court summons lists the plaintiffs in a civil case. The phrase "a minor by her next friend" appears before the third name, followed by three more names. What does "by her next friend" mean?
Fuad Yahya
definition below
Explanation:
next friend


A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as "next friends."


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Note added at 5 mins (2005-03-05 08:49:18 GMT)
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incompetent plantiff here would mean someone with diminished capacity - e.g. becasue of a mental condition

In your case, a minor the next friend will be the parents or otherwise appointed legal guardian.

Minors have no capacity to act in law and therefore have to be accompanied/represented by their legal guardian.

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Note added at 6 mins (2005-03-05 08:50:31 GMT)
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www.nolo.com/definition.cfm/Term/ 6F3701FD-D954-47DC-8BB6EACEB387631D/alpha/N/ -

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Note added at 7 mins (2005-03-05 08:51:45 GMT)
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Other definition, different wording but same concept:

NEXT FRIEND - One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris. --b--



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Note added at 8 mins (2005-03-05 08:52:15 GMT)
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www.lectlaw.com/def2/n055.htm - 4k

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Note added at 9 mins (2005-03-05 08:53:36 GMT)
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This definition is however saying that the representative doesn\'t have to be the legal guardian in the case of a minor - that would then only be when the legal guardian is not available for some reason

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Note added at 10 mins (2005-03-05 08:54:06 GMT)
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Hope this helps - have a good weekend.
Selected response from:

Deborah do Carmo
Portugal
Local time: 23:56
Grading comment
Thank you for the prompt, thorough answer, and for addressing my follow up questions. Thanks also are due to all who addressed various aspects of this question, especially Nesrin, who raised an important point. With her advice, I was able to avoid an unnecessary assumption.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +1definition below
Deborah do Carmo
4guardian ad litem (next friend)
Maria Chmelarova
3Webster's Dictionary of Law says
Jonathan MacKerron


Discussion entries: 9





  

Answers


2 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
definition below


Explanation:
next friend


A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as "next friends."


--------------------------------------------------
Note added at 5 mins (2005-03-05 08:49:18 GMT)
--------------------------------------------------

incompetent plantiff here would mean someone with diminished capacity - e.g. becasue of a mental condition

In your case, a minor the next friend will be the parents or otherwise appointed legal guardian.

Minors have no capacity to act in law and therefore have to be accompanied/represented by their legal guardian.

--------------------------------------------------
Note added at 6 mins (2005-03-05 08:50:31 GMT)
--------------------------------------------------

www.nolo.com/definition.cfm/Term/ 6F3701FD-D954-47DC-8BB6EACEB387631D/alpha/N/ -

--------------------------------------------------
Note added at 7 mins (2005-03-05 08:51:45 GMT)
--------------------------------------------------

Other definition, different wording but same concept:

NEXT FRIEND - One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris. --b--



--------------------------------------------------
Note added at 8 mins (2005-03-05 08:52:15 GMT)
--------------------------------------------------

www.lectlaw.com/def2/n055.htm - 4k

--------------------------------------------------
Note added at 9 mins (2005-03-05 08:53:36 GMT)
--------------------------------------------------

This definition is however saying that the representative doesn\'t have to be the legal guardian in the case of a minor - that would then only be when the legal guardian is not available for some reason

--------------------------------------------------
Note added at 10 mins (2005-03-05 08:54:06 GMT)
--------------------------------------------------

Hope this helps - have a good weekend.

Deborah do Carmo
Portugal
Local time: 23:56
Specializes in field
Native speaker of: English
PRO pts in category: 40
Grading comment
Thank you for the prompt, thorough answer, and for addressing my follow up questions. Thanks also are due to all who addressed various aspects of this question, especially Nesrin, who raised an important point. With her advice, I was able to avoid an unnecessary assumption.

Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: I usually like LectLaw's definitions, but this definition does seem to contradict the first, though I think it must be construed to include legal guardians and others (not necessarily legal guardians). :-)
22 mins
  -> Agree, the Lectlaw definition seems to be lacking here. If the parent was a party to the lawsuit himself/herself though or otherwise incapacitated, then yes others - asker can't go wrong by simply stating " a minor represented by..." Thanks!
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
Webster's Dictionary of Law says


Explanation:
"a person appearing in, or appointed by the court to act on behalf of a person (as a child) lacking legal capacity"

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Note added at 1 hr 54 mins (2005-03-05 10:38:37 GMT)
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OED = \"nearest friend or relative. In later use spec. in Law.\"

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Note added at 1 hr 55 mins (2005-03-05 10:39:15 GMT)
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Webster Unabridged = \" a person that is admitted to or appointed by a court as a special guardian to act for the benefit of an infant, a married woman, or any person not sui juris (as in a suit at law) : PROCHEIN AMI, GUARDIAN AD LITEM\"

Jonathan MacKerron
Native speaker of: English
PRO pts in category: 24
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
guardian ad litem (next friend)


Explanation:
a person ( often a realtive ) who voluntary 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 gurdian ad litem at the time the lawsuit is filed. (See: guardianad ad litem )

From: The People's Law Dictionary by Gerald N. Hill 2002

Guardian ad litem: a person apointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. Duties may include filing a lawsuit for an injured child, defending a lawsuit or filing a claim against an estate. Usually a parent will file a petition to be apointed the guardian ad litem of a child hurt in an accident at the same time the lawsuit is filed. See: ad litem )

ad litem adj. legal Latin meaning "for the purposes of the legal action only". ......
From the same book.

Maria Chmelarova
Local time: 18:56
Native speaker of: Slovak
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