EZRCP · Pennsylvania · Part I - General · Pa.R.Civ.P. 2054

Pa.R.Civ.P. 2054. — Actions By and Against Incapacitated Persons. Averments in Plaintiff's Pleadings.

Pennsylvania · Part I - General

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Rule text

(a) An action in which a plaintiff is incapacitated shall be entitled ''A, An Incapacitated Person, by B, Guardian,'' against the defendant.

Official Note: See Rules 2056(a) and 2057, as to the procedure and effect of an action brought by an incapacitated plaintiff who is not represented by a guardian or a guardian ad litem.

(b) The initial pleading filed in behalf of a plaintiff who is incapacitated shall state the name and address of the plaintiff's guardian, if any, the nature of the guardianship and a reference to the record of the guardian's appointment.

(c) An action in which a defendant is an incapacitated person shall be commenced against the defendant by name in the manner in which a like action is commenced against an adult who is not incapacitated.

Notes

Source The provisions of this Rule 2054 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial page (220908).