ORCP 27

NOTES OF DECISIONS

      Because only human beings and legislatively created legal entities are persons with capacity to sue, named plaintiff horse lacked capacity to sue to vindicate rights. Justice v. Vercher, 321 Or App 439, 518 P3d 131 (2022), Sup Ct review denied

ORCP 27A

See also annotations under ORS 13.041 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 13.041)

      Only defendant may apply for guardian ad litem within time specified for filing appearance; thereafter, defendant and persons designated may apply for appointment of guardian ad litem. State ex rel Haynes v. Nederhiser, 9 Or App 517, 497 P2d 212 (1972), Sup Ct review denied

ORCP 27B

See also annotations under ORS 13.051 in permanent edition.

NOTES OF DECISIONS

      This rule allows spouse’s guardian ad litem to maintain action for dissolution of marriage. Ballard and Ballard, 93 Or App 463, 762 P2d 1051 (1988)