{"data":{"id":"us-wv/w.-va.-code-50-5-3","jurisdiction":"us-wv","citation":"W. Va. Code § 50-5-3","heading":"Appointment of guardian ad litem.","body":"No infant, incompetent person or incarcerated convict shall proceed or be proceeded against in a civil action in magistrate court unless the provisions of this section are complied with.\nWhenever an infant, incompetent person or incarcerated convict has a duly qualified representative, such as a guardian, curator, committee or other like fiduciary, such representative may sue or defend on behalf of the infant, incompetent person or convict. If a person under any disability does not have a duly qualified representative he may sue by his next friend. The magistrate shall appoint some suitable person who shall not be required to be an attorney-at-law as guardian ad litem for an infant, incompetent person or incarcerated convict not otherwise represented in an action.","path":["CHAPTER 50. MAGISTRATE COURTS.","ARTICLE 5. TRIALS, HEARINGS AND APPEALS."],"source_url":"https://code.wvlegislature.gov/50-5-3/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:44Z","sha256":"2d5eac02606c654fb6c9dafad7736901768bd41e07579a602f67d62165fd9ba6","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-50-5-2","next":"us-wv/w.-va.-code-50-5-4"},"notice":"GroundRules: Original legal text. Not legal advice."}