§ 372.5.Appointment of Guardian Under Pseudonym
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Enacted 2018 · no amendments on record · Last verified July 28, 2026
Full Text of § 372.5
Plain-English Summary
Section 372.5 extends the idea behind § 367.3 to guardians ad litem: someone stepping into a case to represent a minor or incapacitated person may have compelling reasons to keep their own identity private, and this section lets them ask the court for that protection.
The applicant must file an ex parte request alongside the guardian ad litem application, laying out the facts supporting an overriding interest in anonymity. Before granting the request, the court must make four specific findings: that the interest in anonymity is overriding, that there is a substantial probability of prejudice without pseudonym protection, that the pseudonym approach is narrowly tailored so it does not unduly interfere with public access or the other parties' ability to litigate the case, and that no less restrictive alternative would protect the same interest.
Once granted, the court can issue further orders to preserve anonymity, including letting an unrepresented guardian ad litem designate an address for service under the pseudonym. Court filings must be written to protect the guardian ad litem's identifying information, though the responsibility for redacting that information rests with the parties and their attorneys, not the court. The court retains ongoing discretion to reconsider the pseudonym order, and nothing in the section limits a plaintiff or petitioner's separate right to litigate under a pseudonym in appropriate circumstances.
Frequently Asked Questions
What must a proposed guardian ad litem show to appear under a pseudonym?
Section 372.5(c) requires the court to find an overriding interest in anonymity, a substantial probability of prejudice without pseudonym protection, that the request is narrowly tailored, and that no less restrictive means would protect that interest.
How does a guardian ad litem request permission to use a pseudonym?
The applicant files an ex parte request for leave to appear under a pseudonym at the same time as the guardian ad litem application, setting out the facts supporting an overriding interest in anonymity.
Who is responsible for redacting the guardian ad litem's identifying information from court filings?
The parties and their attorneys bear that responsibility; § 372.5(f) states the court is not required to review pleadings or other papers for compliance.
Can the court change its mind after allowing a guardian ad litem to use a pseudonym?
Yes. Section 372.5(g) lets the court retain discretion to reconsider its decision after initially granting permission to appear under a pseudonym.
Amendment History
Added by Stats 2018 ch 817 (AB 2185),s 1, eff. 1/1/2019.