(a) Generally. — Applicable substantive law governs the capacity to sue or be sued of an individual, a corporation, a person acting in a representative capacity, an association, or any other entity.
Rule 2-202.Capacity
Circuit Court · Last amended January 1, 2024 · Last verified July 13, 2026
In one sentenceRule 2-202 sets the ground rules for who has the legal capacity to sue or be sued, and lays out how a minor or other individual under disability can bring or defend a claim through a guardian or next friend.
Full Text of Rule 2-202
(b) Suits by individuals under disability. — An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of the minor’s parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action. If the custodial parent fails to institute suit within the one-year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent.
(c) Settlement of suits on behalf of minors. —
(1) Generally. — Subject to subsection (c)(2) of this Rule, a next friend who files an action for the benefit of a minor may settle the claim on behalf of the minor.
(2) Approval of Court. —
(A) If the next friend is the only living parent of the minor, the settlement need not be approved by a court.
(B) If the next friend is not the only living parent of the minor, the settlement must be approved (i) by each living parent of the minor, or (ii) after a reasonable attempt at notice to each living parent and an opportunity for a hearing, by a court.
(C) If there are no living parents of the minor, the settlement must be approved by a court.
(D) A motion for court approval shall be filed in the court where the action is pending. Cross references. — For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.
(d) Suits against individuals under disability. — In a suit against an individual under disability, the guardian or other like fiduciary, if any, shall defend the action. The court shall order any guardian or other fiduciary in its jurisdiction who fails to comply with this section to defend the individual as required. If there is no such guardian or other fiduciary, the court shall appoint an attorney to represent and defend the individual.
Amendment History
Amended Nov. 8, 2005, effective Jan. 1, 2006; Nov. 21, 2013, effective Jan. 1, 2014; Nov. 28, 2023, effective Jan. 1, 2024.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule 205 c and d.
Section (c) is new.
Section (d) is derived from former Rule 205 e 1 and 2.
Plain-English Summary
Capacity to sue is different from having a valid claim — it asks whether the person or entity is even legally able to appear in court as a party. Rule 2-202(a) leaves that question to whatever substantive law applies to the individual, corporation, representative, association, or other entity involved; the rule itself doesn't set the standard.
Sections (b) through (d) fill in the practical details for people who can't represent themselves. An individual under disability sues through a guardian or similar fiduciary, or, if there is none, through a next friend, subject to whatever protective orders the court enters. A parent with sole custody of a minor has the exclusive right to sue on the child's behalf for one year after the claim arises; if that parent doesn't file suit within the year, anyone interested in the minor may step in as next friend, but only after mailing notice to the custodial parent's last known address.
When a next friend settles a minor's claim, court approval usually isn't automatic. If the next friend is the minor's only living parent, no court approval is needed. Otherwise, every living parent must approve the settlement, or the court must approve it after a reasonable attempt to notify each parent and give them a chance to be heard. If no parent is living, court approval is required. The motion for approval goes to the court where the case is pending.
On the defense side, a guardian or other fiduciary for an individual under disability must defend the action, and a court can order a fiduciary within its jurisdiction to do so. If there's no fiduciary available, the court appoints an attorney to represent and defend the individual.
Frequently Asked Questions
What does "capacity to sue" mean under Rule 2-202?
It's the legal ability of a person or entity to appear as a party in court at all, separate from whether the claim itself has merit. Rule 2-202(a) says the applicable substantive law — not the rule itself — decides who has that capacity.
Can a parent sue on a child's behalf without being appointed guardian?
Yes. A parent with sole custody has the exclusive right to sue for the minor for one year after the claim arises. After that year, if the parent hasn't filed, another interested person may sue as next friend once they've mailed notice to the custodial parent.
Does settling a minor's claim always require a judge's sign-off?
Not always. If the next friend is the minor's only living parent, no court approval is needed. If there are other living parents, they must all approve the settlement, or a court must approve it after notice and a chance for a hearing. If no parent is living, a court must approve it.
What happens when someone is sued but can't defend themselves because of a disability?
A guardian or other fiduciary must defend the action, and the court can order a fiduciary within its jurisdiction to do so. If no guardian or fiduciary exists, the court appoints an attorney to represent and defend the individual.
Where does a party file a motion to approve a minor's settlement?
In the court where the action is pending.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: capacity to sue Marylandsuing on behalf of a minornext friend lawsuitsettling a minor claimguardian defending lawsuitindividual under disability