345Default of appearance of person under disability

### 345 Default of appearance of person under disability > > (1)  If a defendant under disability has not appeared by litigation guardian, the plaintiff, before proceeding further in the action, is to apply to the Court or a judge for an order that a person be appointed as litigation guardian of the defendant. > > > (2)  On an application under [subrule (1)](#GS345@Gs1@EN) , the Court or a judge may make an order appointing a litigation guardian if – > > > > > > (a) the guardian is a person who may become a litigation guardian under [Division 1](#HP10@HD1@EN) of [Part 10](#HP10@EN) ; and > > > > > > > (b) the writ was duly served; and > > > > > > > (c) subject to any order to the contrary, after the expiration of the period limited by the writ for the filing of a notice of appearance, the application is served on the defendant in the same manner as the writ is required to be served. > > > (3)  A litigation guardian appointed by an order has the same period for filing and serving a notice of appearance after the service of the order on the litigation guardian as if the order were the writ.