43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
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30-2-6
Section 30-2-6 When husband or wife may sue or defend in own name. A husband or wife under
the age of 19 years may file a complaint for any purpose under this chapter in his or her
own name without the intervention of a next friend, guardian, or guardian ad litem, and if
over the age of 18 years, he or she may defend any action brought under this chapter in his
or her own name without the intervention of a next friend, guardian, or guardian ad litem.
(Code 1896, §1490; Code 1907, §3798; Acts 1911, No. 42, p. 24; Code 1923, §7412; Code 1940,
T. 34, §25; Acts 1953, No. 890, p. 1198.)...
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35-4-323
Section 35-4-323 Application to compel conveyance - Notice to guardians of minor heirs. In
all cases in which minor heirs are interested in such application, notice thereof must be
given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad
litem to protect their interest. (Code 1852, §1348; Code 1867, §1618; Code 1876, §2227;
Code 1886, §1874; Code 1896, §1072; Code 1907, §3444; Code 1923, §6949; Code 1940, T.
47, §39.)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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15-23-42
Section 15-23-42 Confidentiality of communications with victim counselor. (a) A victim, a victim
counselor without the consent of the victim, or a minor or incapacitated victim without the
consent of a custodial guardian or a guardian ad litem appointed upon application of either
party, cannot be compelled to give testimony or to produce records concerning confidential
communications for any purpose in any criminal proceeding. (b) A victim counselor or a victim
cannot be compelled to provide testimony in any civil or criminal proceeding that would identify
the name, address, location, or telephone number of a safe house, abuse shelter, or other
facility that provided temporary emergency shelter to the victim of the offense or transaction
that is the subject of the proceeding unless the facility is a party to the proceeding. (c)
The confidential communication privilege of a victim counselor with respect to communications
made between the counselor and the victim shall terminate upon the...
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22-11A-35
Section 22-11A-35 Attorney and expert fees. In any commitment proceeding, the fees of any attorney
appointed by the probate judge to serve as guardian ad litem shall be set at the rates established
by Section 15-12-21; and any expert employed to offer expert testimony, in such amounts as
found to be reasonable by the probate judge; and all other costs allowable by law shall be
paid by the State General Fund upon order of the probate judge. (Acts 1987, No. 87-574, p.
904, §35.)...
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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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