Francisco E. Campos, Jr. and Lualhati N. Campos - Page 7

                                        - 7 -                                         
          friend” is defined as “A person who appears in a lawsuit to act             
          for the benefit of an incompetent or minor plaintiff, but who is            
          not a party to the lawsuit and is not appointed as a guardian.–-            
          Also termed prochein ami.  Cf. guardian ad litem under GUARDIAN.”           
          Black’s Law Dictionary 1065 (7th ed. 1999).  The term “guardian             
          ad litem” is defined as “A guardian, usu. a lawyer, appointed by            
          the court to appear in a lawsuit on behalf of an incompetent or             
          minor party.–-Also termed special guardian.  Cf. NEXT FRIEND.”              
          Id. at 713; see Bowen v. Rubin, 213 F. Supp. 2d 220, 222 n.5                
          (E.D.N.Y. 2001).                                                            
               Rule 60(d) is derived in large part from Federal Rule of               
          Civil Procedure 17(c).  See 60 T.C. 1094.  Under Federal Rule of            
          Civil Procedure 17(c), a person seeking to represent a minor or             
          incompetent party as next friend generally must show: (1) That              
          the minor or incompetent party cannot prosecute the action                  
          without assistance; (2) that the next friend will represent the             
          best interests of the minor or incompetent party; and (3) the               
          next friend has a “significant” relationship with the minor or              
          incompetent party.  See Whitmore v. Arkansas, 495 U.S. 149, 163-            
          164 (1990) (habeas corpus proceedings); Gonzalez v. Reno, 86 F.             
          Supp. 2d 1167, 1184-1185 (S.D. Fla. 2000) (citing Ford v. Haley,            
          195 F.3d 603, 624 (11th Cir. 1999)); 4 Moore, Moore’s Federal               
          Practice sec. 17.25[2], at 17-105 (3d ed. 1997).  Normally, a               
          next friend will be a family member such as spouse, parent, or              

Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011