What is the name of your state (only U.S. law)? Arizona
I am interested in the qualifications for Next Friend Status.
In accordance with the Arizona Bar Association, only licensed attorneys or the Person representing themselves Pro Se (Per) have the right to prepare documents, and file motions, pleadings or briefs. The definition I found for Next Friend is as follows:
"At Common Law, when an individual was unable to look after his or her own interests or manage his or her lawsuit, the court would appoint a person to represent that individual's legal interests. In court terminology this person was called a next friend, which is derived from the French term prochein ami. Individuals requiring a next friend included minors, persons who were mentally ill or mentally retarded, infirm or senile persons, and others whose disabilities prevented them from managing their affairs."
At the time my friend filed her action for suit in court (she is the plaintiff of a civil action complaint in Justice Court) she did not know she was already 3 months pregnant. Now she is 5 months and the doctor is ordering her to take medication to relieve headaches and other issues and the stress of the case and conforming to time lines is not helping her situation. I know every detail of her case and have helped her research all of her filings. Her Mediation is scheduled for the first week of September which means that it will probably be another month or so after that for the actual trial.
I have two questions:
1. Will the Court allow me to sub in her place and represent her as a Next Friend because Pregnancy has been deemed as a temporary disability sometimes.
2. Do I have to notify and submit a copy of the Petition for Next Friend to the Defendants as well. Because technically its not changing the Council of Record, which you would have to notify as well as file a motion to appear with the Court.
I am interested in the qualifications for Next Friend Status.
In accordance with the Arizona Bar Association, only licensed attorneys or the Person representing themselves Pro Se (Per) have the right to prepare documents, and file motions, pleadings or briefs. The definition I found for Next Friend is as follows:
"At Common Law, when an individual was unable to look after his or her own interests or manage his or her lawsuit, the court would appoint a person to represent that individual's legal interests. In court terminology this person was called a next friend, which is derived from the French term prochein ami. Individuals requiring a next friend included minors, persons who were mentally ill or mentally retarded, infirm or senile persons, and others whose disabilities prevented them from managing their affairs."
At the time my friend filed her action for suit in court (she is the plaintiff of a civil action complaint in Justice Court) she did not know she was already 3 months pregnant. Now she is 5 months and the doctor is ordering her to take medication to relieve headaches and other issues and the stress of the case and conforming to time lines is not helping her situation. I know every detail of her case and have helped her research all of her filings. Her Mediation is scheduled for the first week of September which means that it will probably be another month or so after that for the actual trial.
I have two questions:
1. Will the Court allow me to sub in her place and represent her as a Next Friend because Pregnancy has been deemed as a temporary disability sometimes.
2. Do I have to notify and submit a copy of the Petition for Next Friend to the Defendants as well. Because technically its not changing the Council of Record, which you would have to notify as well as file a motion to appear with the Court.
