(1) No person shall sue as next friend unless he reside in this state and be free from
disability, nor unless he file his own affidavit showing his right to sue as next friend
according to the provisions of this chapter.
(2) A guardian, curator, conservator or next friend who brings or prosecutes an action
for a person who is under disability is liable for the costs which accrue during his
conduct of the action, unless he be allowed to sue in forma pauperis or by an order
of the court.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 141, effective July 1, 1982. -- Amended
1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 344, effective January 2, 1978. --
Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 37.
Notes of Decisions
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
· cites it 2× “" KRS 387.300(1) establishes the qualifications for a person to sue as next friend in Kentucky.”
Hunter v. Mena, 302 S.W.3d 93 (Ky. Ct. App. 2010).
“” KRS 387.300(l)(“No person shall sue as next friend unless he reside in this state[.”
Franks Ex Rel. H.B.L. v. Kentucky Sch. for the Deaf, 956 F. Supp. 741 (E.D. Ky. 1996).
“In Davis , the student’s mother, as the student’s next friend, brought a Title IX claim for the sexual abuse of her daughter by another student at the defendant school. The U.”
Sparks v. Boggs, 839 S.W.2d 581 (Ky. Ct. App. 1992).
“060 provides that a guardian ad litem’s fee is to be paid by the plaintiff and taxed as costs, while KRS 387.300 provides that a guardian or a next friend who brings or prosecutes an action for a person under disability is liable for costs which accrue during his conduct of the…”
Fuson v. VanBebber, 454 S.W.2d 111 (Ky. Ct. App. 1970).
“KRS 387.300(1). The VanBebber family were residents of Tennessee, therefore, the non-resident father could not act as next friend.”
Roberts v. George W. Hill & Co., 113 S.W.3d 156 (Ky. 2003).
“We conclude, therefore, that KRS 342.210 tolled the period of limitations until the appointment of a next Mend to act on the claimant’s behalf or, if no next Mend was appointed, until he was sui juris.”
Gore v. Debaryshe, 278 F. Supp. 883 (W.D. Ky. 1968).
· cites it 2× “Under Section 387.300 of the Kentucky Revised Statutes, no nonresident of Kentucky can sue as next friend.”
— Ky. Rev. Stat. § 387.300(1) — 3 cases
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
“" KRS 387.300(1) establishes the qualifications for a person to sue as next friend in Kentucky.”
Fuson v. VanBebber, 454 S.W.2d 111 (Ky. Ct. App. 1970).
“KRS 387.300(1). The VanBebber family were residents of Tennessee, therefore, the non-resident father could not act as next friend.”
— Ky. Rev. Stat. § 387.300(l) — 1 case
Hunter v. Mena, 302 S.W.3d 93 (Ky. Ct. App. 2010).
“” KRS 387.300(l)(“No person shall sue as next friend unless he reside in this state[.”
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