a. Guardians Ad Litem. The judge will have broad discretion to appoint a guardian
ad litem pursuant to Fed. R. Civ. P. 17(c)(2).
1. Appointment Procedure. Guardians ad litem may be appointed ex parte, at any
time upon the presentation to the judge of a sworn petition showing good
cause for the appointment. An appointment order will be submitted with
the petition.
2. Person Ineligible to be a Guardian Ad Litem. Except in the discretion of the
judge, no person will be appointed guardian ad litem if the person has an
interest adverse to that of the minor or incompetent; or if the person is
connected in business with an adverse party or with the attorney of the
adverse party; or if the person has insufficient pecuniary ability to answer
to the minor or incompetent for any injury which the minor or incompetent
may sustain as a result of the person’s negligence or misconduct.
3. Bond of Guardian Ad Litem. Ordinarily, no bond will be necessary from a
guardian ad litem; provided, that no guardian will receive any money or
other property of the minor or incompetent until the guardian has filed
with the clerk a bond in an amount fixed by the judge, conditioned for the
faithful performance of the guardian’s duties. If the guardian does not
desire to receive any money or property of the minor or incompetent, the
money or property will be paid or delivered to the clerk or to a person
directed by the Court. Under these circumstances, the payment or delivery
of the money or property to the clerk will have the same effect as if the
money or property had been paid or delivered to the guardian.
4. Order of Judgment Required. No action by or on behalf of a minor or
incompetent will be dismissed, discontinued, or terminated without the
Court’s approval. When required by Commonwealth law, court approval
must also be obtained from the appropriate Commonwealth court having
jurisdiction over the matter for any settlement or other disposition of
litigation involving a minor or incompetent.
