West Virginia § 50-5-3 - 50-5-3. Appointment of guardian ad litem.
Full text of West Virginia West Virginia Code § 50-5-3 — 50-5-3. Appointment of guardian ad litem., with citation guidance and answers to common questions.
§ 50-5-3. 50-5-3. Appointment of guardian ad litem.
No infant, incompetent person or incarcerated convict shall proceed or be proceeded against in a civil action in magistrate court unless the provisions of this section are complied with.
Whenever an infant, incompetent person or incarcerated convict has a duly qualified representative, such as a guardian, curator, committee or other like fiduciary, such representative may sue or defend on behalf of the infant, incompetent person or convict. If a person under any disability does not have a duly qualified representative he may sue by his next friend. The magistrate shall appoint some suitable person who shall not be required to be an attorney-at-law as guardian ad litem for an infant, incompetent person or incarcerated convict not otherwise represented in an action.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 50-5-3
What does West Virginia Code § 50-5-3 cover?
Section 50-5-3 ("50-5-3. Appointment of guardian ad litem.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 50-5-3?
A common citation format is "West Virginia Code § 50-5-3" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 50-5-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.