Talk:Next friend

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Latest comment: 17 years ago2 comments2 people in discussion

I have encountered this term in an American court decision Hendren v. Campbell with the following plaintiffs: "JON HENDREN, by next friend ROBERT HENDREN, ROBERT HENDREN, by his own right and E. THOMAS MARSH". Jon was a 9th grade student whom the lawsuit was filed on behalf of. (The court case was about a creationist textbook.)

Here are some links:

American legal definition (via Wex)
Another definition (via law.com) -- suggests the practiced has mostly been supplanted.

MichaelSH 04:18, 11 August 2006 (UTC)Reply

The practice continues, but is often used in different contexts than those for which it was originally designed. Legal appointment of a guardian is far more common in the case of minors.

For example, most of the habeas corpus cases brought in connection with the U.S. war on terrorism have been brought by someone with "next friend" status. Similarly, many cases seeking an injunction to prevent life sustaining treatment from being withdrawn from a patient are initially brought by a "next friend" until a guardian can be appointed by a court. Ohwilleke 21:13, 22 January 2007 (UTC)Reply

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