CPLR § 1202

Appointment of guardian ad litem · as in force on May 31, 2026

Rule 1202. Appointment of guardian ad litem. (a) By whom motion made. The court in which an action is triable may appoint a guardian ad litem at any stage in the action upon its own initiative or upon the motion of:

1. an infant party if he is more than fourteen years of age; or

2. a relative, friend or a guardian, committee of the property, or conservator; or

3. any other party to the action if a motion has not been made under paragraph one or two within ten days after completion of service.

(b) Notice of motion. Notice of a motion for appointment of a guardian ad litem for a person shall be served upon the guardian of his property, upon his committee or upon his conservator, or if he has no such guardian, committee, or conservator, upon the person with whom he resides. Notice shall also be served upon the person who would be represented if he is more than fourteen years of age and has not been judicially declared to be incompetent.

(c) Consent. No order appointing a guardian ad litem shall be effective until a written consent of the proposed guardian has been submitted to the court together with an affidavit stating facts showing his ability to answer for any damage sustained by his negligence or misconduct.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/1202

In plain English

This rule explains who may ask for a guardian ad litem and what must happen before the appointment takes effect.

(a)(1) A child older than 14 years, (a)(2) a relative, friend, guardian, property committee, or conservator, or (a)(3) another party may move for appointment. Another party may do so only if no motion under (1) or (2) was made within 10 days after service was completed. The court may also act on its own at any stage. ★
(b) The moving party must serve notice on the person’s property guardian, committee, or conservator, or otherwise the person with whom they live. A person older than 14 years who has not been judicially declared incompetent must also receive notice.
(c) The appointment is not effective until the proposed guardian files written consent and an affidavit showing an ability to answer for damage caused by negligence or misconduct. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.