SLR 4-15.025: APPOINTMENT OF GUARDIAN AD LITEM

(1) Plaintiffs and Defendants who are “incapacitated,” “financially incapable,” or who are “respondents” as defined in ORS 125.005, must have a guardian ad litem appointed to pursue or defend the action. If such an individual is also a “protected person,” as defined by ORS 125.005, the conservator or guardian shall be appointed, unless otherwise ordered by the court. (2) Plaintiffs or Defendants who are unemancipated, unmarried, minors, living apart from their parent(s) or legal guardian(s), and who meet the definition of a “minor” under ORS 109.697, and who also meet the definition of “tenant” under ORS 90.100, may appear in a small claims action based on a contract for a residential dwelling unit or for utility services provided to that unit, without appointment of a guardian or guardian ad litem. (3) Unemancipated minors to whom the statutory definitions listed in subsection (2) of this rule are applicable, but who wish to appear in Small Claims Court on other grounds not listed in subsection (2), must have a guardian ad litem appointed to pursue or defend the action. (4) All other unemancipated minors, to whom the statutory definitions listed in subsection (2) of this rule are not applicable, must have a guardian ad litem appointed to pursue or defend a small claims action.