Section 4.7 As Plaintiffs

• Library: Civil Trial Practice 2015 Supp

1. (§4.7) As Plaintiffs

Rule 52.02 governs suits by and against minors and the mentally or physically infirm. “Civil actions by minors may be commenced and prosecuted only by a duly appointed guardian of such minor” or by a duly appointed next friend. Rule 52.02(a). The same rule applies if the claim is asserted through a counterclaim, cross-claim, or third-party pleading.

“The appointment of a next friend . . . shall be made by the judge of the court in which the civil action is intended to be brought, or...