What is the test for appointing a guardian ad litem in a federal court?

MultiRegion, United States of America

The following excerpt is from Davis v. Walker, No. 2:08-cv-0593 KJM DAD P, No. 2:10-cv-2139 KJM DAD P (E.D. Cal. 2014):

The appointment of a guardian ad litem pursuant to Rule 17(c) is committed to the sound discretion of the district court. See United States v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir.1986). "A guardian ad litem is authorized to act on behalf of his ward and may make all appropriate decisions in the course of specific litigation. For example, notwithstanding the incompetency of a party, the guardian may make binding contracts for the retention of counsel and expert witnesses and may settle the claim on behalf of his ward." Id. Moreover, "federal, not state law, governs the appointment of a guardian ad litem in federal court." Hulstedt v. City of Scottsdale, Arizona, No. CV-09-1258-PHX-MHM, 2011 WL 772387 at *2 (D. Ariz. Mar. 1, 2011). See also Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 134-35 (3rd Cir. 2002). Thus the court's determination "focus[es], as it must, on the best interests of [the plaintiff]." Id.

Other Questions


What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the difference between a federal district court's opinion and a federal court's decision on sentencing? (MultiRegion, United States of America)
How has the Court interpreted the doctrine of federal jurisdiction in the context of the federal courts? (MultiRegion, United States of America)
What are some of the most recent federal decisions in which the US Supreme Court has ruled in favour of a motion by a federal appeals court? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.