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Senate Study Bill 2151

Conference Committee Text

PAG LIN
  1  1    Section 1.  Rule of civil procedure 13, Iowa court rules,
  1  2 third edition, is amended to read as follows:
  1  3    13.  DEFENSE BY A MINOR OR INCOMPETENT, PRISONER, ETC.  No
  1  4 judgment without a defense shall be entered against a party
  1  5 then a minor, or confined in a penitentiary, reformatory or
  1  6 any state hospital for the mentally ill, or one judicially
  1  7 adjudged incompetent, or whose physician certifies to the
  1  8 court that he the party appears to be mentally incapable of
  1  9 conducting his the party's defense.  Such defense shall be by
  1 10 guardian ad litem; but the regular guardian or the attorney
  1 11 appearing for a competent party may defend unless the court
  1 12 supersedes him the guardian or attorney by a guardian ad litem
  1 13 appointed in the ward's interest.  
  1 14                           EXPLANATION
  1 15    This bill eliminates the requirement in Rule of Civil
  1 16 Procedure 13 that a prisoner confined in a penitentiary or
  1 17 reformatory be provided a guardian ad litem to defend a civil
  1 18 action filed against the prisoner.  
  1 19 LSB 3727XL 76
  1 20 mk/sc/14.1
     
Text: SSB02150                          Text: SSB02152
Text: SSB02100 - SSB02199               Text: SSB Index
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