231 Pa. Code Rule 2028. Actions By and Against Minors. Averments in Plaintiff's Pleading.

231 Pa. Code Rule 2028. Actions By and Against Minors. Averments in Plaintiff’s Pleading.

Rule 2028. Actions By and Against Minors. Averments in Plaintiff’s Pleading.

(a)  An action in which a minor is plaintiff shall be entitled ‘‘A, a Minor, by B, Guardian,’’ against the party defendant. The minor shall be designated by the initials of his or her first and last name.

   Official Note
   Under the above rule the representative of a minor plaintiff is termed a ‘‘guardian’’ regardless of whether under prior practice he or she would be termed a legal guardian or a next friend.
(b)  The initial pleading filed in behalf of a minor plaintiff shall state the name and address of his or her guardian and the guardian’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person selected as guardian is a guardian appointed by any court of competent jurisdiction or by a will duly probated, the initial pleading shall contain a reference to the record of the appointment.
(c)  An action in which a minor is the defendant shall be commenced against the minor in the manner in which a like action is commenced against an adult. The minor shall be designated by the initials of his or her first and last name.

   Official Note
   An action against a minor is begun in the same manner as an action against an adult, although by Rule 2034 as under prior practice, the subsequent appointment of a guardian to represent the minor is essential to the rendition of a valid judgment against the minor.

   Official Note
   The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 205.6.

Source

   The provisions of this Rule 2028 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3519. Immediately preceding text appears at serial page (390172).

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