Rule 1.225.Majority of minor
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.225
Plain-English Summary
Rule 1.225 handles a simple but common transition: a minor party to a pending case grows up before the case ends. When that happens, the rule says the party continues in the action in their own right, now that they have attained legal majority.
The effect is to remove the need for a next friend, guardian, or other representative once the minor turns 18. The now-adult party carries on as a party in their own name and capacity, without a formal substitution or a new appointment to reflect a status that has already changed on its own.
Frequently Asked Questions
What happens in a lawsuit if the minor party turns 18 before the case is over?
Rule 1.225 says the party continues as a party in their own right once they attain legal majority; there is no need to substitute a new party.
Does a formerly represented minor need a new attorney or a court order to keep litigating after turning 18?
The rule itself does not require a formal substitution order; it provides that the party continues in the action in their own right upon reaching majority.
Does this rule remove the need for a next friend or guardian once the minor turns 18?
Yes, in effect. Because the party continues in their own right, the representative role that existed because of the party's minority is no longer needed for that purpose going forward.
Does Rule 1.225 apply to both plaintiffs and defendants who were minors?
Yes. The rule refers to a minor party generally, covering whichever side of the case the newly adult party is on.
Is there anything the newly adult party must file to take advantage of this rule?
The rule's text does not itself impose a filing requirement; it states that the party continues as a party in their own right upon reaching legal majority.