§ 28-03-04 — Appointment of guardian ad litem for person of unsound mind

When the defendant, at the time the action is commenced, is a person of unsound mind,
and no guardian or conservator has been appointed, the court shall appoint a guardian for the
defendant for the purposes of the action. If during the pendency of an action either party
becomes or proves to be of unsound mind, the action may be prosecuted or defended by the
party's guardian or conservator in like manner as if it had been commenced after the
appointment of the guardian or conservator, or the court may appoint a guardian for the action
as the case may require. Such guardian for the action may be appointed upon the application of
any party thereto or any relative or friend of the person of unsound mind after at least five days'
notice of such application first has been given to such person personally, if a resident of this
state, and if not a resident, in such manner as the court shall direct. Upon the hearing of such
application, the court, if deemed desirable and practicable, may order such person of unsound
mind to appear personally or to be brought in by the sheriff.