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Ch 1, p.2 CIVIL PROCEDURE December 2010
Rule 1.207 Actions by and against state. The state may sue in the same way as an individual. No
security shall be required of it.
[Report 1943; amendment 1974; November 9, 2001, effective February 15, 2002]
Rule 1.208 Married persons. A married person may sue or be sued without joining the person’s
spouse. If both are sued, each may defend; and if one fails to defend, the other may defend for both.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.209 Desertion of family. When a husband or wife deserts the family, the other may prosecute
or defend any action which either might have prosecuted or defended, and shall have the same powers
and rights therein as either might have had.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.210 Minors; incompetents. An action of a minor or any person adjudged incompetent shall
be brought by the person’s conservator if there is one or, if not, by the person’s guardian if there is
one; otherwise the minor may sue by a next friend, and the incompetent by a conservator or guardian
appointed by the court for that purpose. If it is in the person’s best interest, the court may dismiss
such action or substitute another conservator, guardian or next friend.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.211 Defense by incompetent, prisoner, etc. No judgment without a defense shall be entered
against a party then a minor, or confined in a penitentiary, reformatory or any state hospital for the
mentally ill, or one adjudged incompetent, or whose physician certifies to the court that the party
appears to be mentally incapable of conducting a defense. Such defense shall be by guardian ad
litem; but the conservator (and if there is no conservator, the guardian) of a ward or the attorney
appearing for a competent party may defend unless the proceeding was brought by or on behalf of
such fiduciary or unless the court supersedes such fiduciary by a guardian ad litem appointed in the
ward’s interest.
[Report 1943; amended by 58GA, ch 152, §199; October 31, 1997, effective January 24, 1998; November 9,
2001, effective February 15, 2002]
Rule 1.212 Guardian ad litem. If a party served with original notice appears to be subject to rule
1.211, the court may appoint a guardian ad litem for the party, or substitute another, in the ward’s
interest. Application for such appointment or substitution may be by the ward, if competent, or a
minor over 14 years old; otherwise by the party’s conservator or guardian or, if none, by any friend
or any party to the action.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rules 1.213 to 1.220 Reserved.
B. SUBSTITUTION OF PARTIES
Rule 1.221 Substitution at death; limitation. Any substitution of legal representatives or
successors in interest of a deceased party, permitted by statute, must be ordered within two years
after the death of the original party. If the decedent’s right survives entirely to those already parties,
the action shall continue among the surviving parties without substitution.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.222 Transfer of interest. Transfer of an interest in a pending action shall not abate it, but
may be the occasion for bringing in new parties.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.223 Incapacity pending action. If, during pendency of an action, a party is adjudged
incompetent or confined in any state hospital for the mentally ill or if the party’s physician certifies
to the court that the party appears to be mentally incapable of acting in the party’s own behalf, the
conservator or guardian shall be joined or if there is none, the court shall appoint a guardian ad litem
for the party.
[Report 1943; amended by 58GA, ch 152, §200; October 31, 1997, effective January 24, 1998; November 9,
2001, effective February 15, 2002]