Rule 2026.Definitions.

The minors chapter turns on the word “guardian,” and this rule gives it a working meaning. Unless the context shows otherwise, the guardian is whoever represents a minor party’s interest in the action: a guardian of the minor appointed by any court of competent jurisdiction, a person in the nature of a next friend selected to represent a minor plaintiff, or a guardian ad litem specially appointed by the court where the action is pending. The rule also defines “action” as any civil action or proceeding brought in or appealed to a court of record and subject to these rules, and “judgment” as any final judgment or final order.

The Official Note adds that a testamentary guardian is not, as such, a guardian under this definition. Such a guardian may still represent the minor by qualifying as a selected guardian under clause (b) or an appointed one under clause (c).

Rule 2027 then requires a minor party to be represented by a guardian who supervises and controls the conduct of the action, and Rule 2031 governs how guardians are selected and appointed.