No judgment by default may be entered against an infant or a person judicially declared to be incompetent unless his representative appeared in the action or twenty days have expired since appointment of a guardian ad litem for him. No default judgment may be entered against an adult incapable of adequately protecting his rights for whom a guardian ad litem has been appointed unless twenty days have expired since the appointment.
§ 1203.Default judgment
Article 12. Infants, Incompetents and Conservatees · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1203 blocks a default judgment against a child or an adjudicated incompetent until their representative has appeared or twenty days have passed since a guardian ad litem was appointed for them, and applies the same twenty-day rule to a vulnerable adult with a guardian ad litem.
Full Text of CPLR 1203
Plain-English Summary
Ordinary default rules give way when the defendant is a child or a person judicially declared incompetent. No default judgment can be entered against either one unless their representative has already appeared in the case, or twenty days have passed since a guardian ad litem was appointed for them.
The same twenty-day waiting period applies to an adult who can't adequately protect their own rights and has a guardian ad litem appointed, even without a formal incompetency finding. The rule gives the newly appointed guardian time to step in before the case can be lost by default.
Frequently Asked Questions
Can a default judgment be entered against a child in New York?
Not unless the child's representative has already appeared in the case, or twenty days have passed since a guardian ad litem was appointed for the child.
How long must a court wait before defaulting someone with a guardian ad litem?
Twenty days from the date the guardian ad litem was appointed.
Does an incompetent defendant get special protection from default judgments?
Yes. CPLR 1203 bars a default judgment against a person judicially declared incompetent until their representative appears or twenty days pass after a guardian ad litem is appointed.
Does a guardian appearing in the case stop a default judgment?
Yes. Once the child's or incompetent person's representative has appeared, the twenty-day waiting period no longer matters, and the case can proceed as it would for any other party.
Does the twenty-day rule apply to adults without a formal incompetency ruling?
Yes, if the court has appointed a guardian ad litem for an adult incapable of adequately protecting their own rights, the same twenty-day rule applies before a default judgment can be entered.
Advisory Committee Notes
This section replaces CPA § 492 which states that no default judgment may be taken against an infant until twenty days after a guardian ad litem has been appointed to represent him. Since new CPLR § 1201 alters former law by permitting others to appear for the infant, their appearance is made an alternative condition for the default judgment. Furthermore, there is no reason to differentiate in the protection given an infant and that given a judicially declared incompetent. See NJ R Civ P 4:56-2. Accordingly, the section has been drafted to encompass both. The last sentence is new. It will give the guardian ad litem of a person incapable of adequately protecting his rights an opportunity to prepare the case and decide upon a course of action.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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