West Virginia Statutes
§ 50-5-3 — Appointment of guardian ad litem
West Virginia § 50-5-3
This text of West Virginia § 50-5-3 (Appointment of guardian ad litem) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 50-5-3 (2026).
Text
No infant, incompetent person or incarcerated convict shall proceed or be proceeded against in a civil action in magistrate court unless the provisions of this section are complied with.
Whenever an infant, incompetent person or incarcerated convict has a duly qualified representative, such as a guardian, curator, committee or other like fiduciary, such representative may sue or defend on behalf of the infant, incompetent person or convict. If a person under any disability does not have a duly qualified representative he may sue by his next friend. The magistrate shall appoint some suitable person who shall not be required to be an attorney-at-law as guardian ad litem for an infant, incompetent person or incarcerated convict not otherwise represented in an action.
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Legislative History
1978 Reg. Sess., HB934; 1976 Reg. Sess., HB1087
Nearby Sections
15
§ 50-1-1
Magistrate court created§ 50-1-12
Conduct of office; penalty§ 50-1-15
Transitional provisions§ 50-1-16
Supervisory rules§ 50-1-2
Number of magistrates§ 50-1-3
Salaries of magistrates§ 50-1-4
Qualifications of magistrates; training; oath; continuing education; time devoted to public duties§ 50-1-6
Vacancy in office of magistrateCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 50-5-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/50/50-5-3.