Insanity during pendency of action — Guardian joined

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Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:

  1. (1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;

  2. (2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also.


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