The Marvel co-stars went way back. I have a lot of memories of Chad. I cared about him dearly as a friend. The first time I met him was in 1998. A majestic, first person exploration game that delves you into the personal story of you and Zack as you traverse beautiful terrains and discover the forgotten truth that is buried away deep inside.

Next Friend

An individual who acts on behalf of another individual who does not have the legal capacity to act on his or her own behalf.

The individual in whose name a minor's lawsuit is brought, or who appears in court to represent such minor's interest. The French term prochein ami has been used to designate such an individual, but the termGuardian Ad Litemis more commonly used.

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.

• A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness.
• Friend definition, a person attached to another by feelings of affection or personal regard.

State statutes now set the qualifications and duties of a person who acts as a next friend, but these laws more commonly designate this person a guardian ad litem, or a court-appointed special advocate. Regardless of the designation, this person's responsibilities are now confined to representing a minor or incompetent person in a lawsuit or court proceeding. At common law, a next friend represented a plaintiff, whereas a guardian ad litem represented a defendant. This distinction has been removed in modern law.

A next friend is not a party to a lawsuit but an officer of the court. When the lawsuit is concluded, the next friend's duty ends. The next friend has no right to control the property of the person she or he represents or to assume custody of that person. These rights may be given to a person designated by a court as a minor's or incompetent person's guardian.

Guardians ad litem are commonly used in family and juvenile courts, where the best interests of the child require an independent, neutral person to safeguard the child's rights. The increased number of these representatives has led states to develop training and certification programs for individuals wishing to serve as next friends or guardians ad litem. Though attorneys also may represent juveniles, next friends provide valuable assistance to the courts.

Cross-references

Infants.

In common law, a next friend (Legal Englishprochein ami) is a person who represents another person who is under disability or otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian. They are also known as litigation friends. When a relative who is next of kin acts as a next friend for a person, that person is sometimes instead described as the natural guardian of the person. A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness.

Uses[edit]

This disability often arises from minority, mental incapacity, or lack of access to counsel. Consequently, every application to the court on behalf of a minor, a mentally incapacitated person, or a person detained without access to an attorney, who does not have a legal guardian or someone authorized to act on his or her behalf with a power of attorney, must be made through a next friend (prochein ami, prochein amy, or proximus amicus). A minor frequently defends a suit not by a next friend but by a guardian ad litem, often appointed by the court with jurisdiction over the case or by a court with probate jurisdiction.

Some jurisdictions, such as the English civil and family courts, have recognized the right of mature minors to instruct solicitors and apply to the court on their own behalf since the 1990s.

Before the Married Women's Property Act 1882 in English Law and Irish Law (and similar acts during the same period in American law), it was usual for a married woman to sue by a next friend but that act, allowing a married woman to sue in all respects as a feme sole, has rendered a next friend unnecessary in the case of married women.

Historically, in the case of a minor, the father was prima facie the proper person to act as next friend; in the father's absence, the testamentary guardian, if any, was next friend; but any person not under disability could act as next friend so long as he has no interest in the action adverse to that of the minor. A married woman could not historically act as next friend (feme covert) but this practice is no longer current, at least in the United States, where either or both of a minor's parents may act as next friend. (An exception is in divorce cases or other cases affecting child custody; in such cases courts often appoint a guardian or attorney (independent of the parents) to represent the child's interests, which may not be aligned with either parent's interests.)

In the case of mental incapacity, a conservator, guardian, or committee represents the person in court, but if they have no such representative, or if the committee has some interest adverse to the claimant, they may sue by a next friend.

One use of next friend status was in connection with many suits brought by detainees at Guantanamo Bay before the enactment of the Military Commissions Act of 2006. Another case arose following the Monkey selfie affair, when the animal rights organization People for Ethical Treatment of Animals sued photographer David Slater, asserting itself as the next friend of a Celebes crested macaque.

See also[edit]

References[edit]

You Are The First Friend

This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). 'Next Friend'. Encyclopædia Britannica (11th ed.). Cambridge University Press.

First Friends Church