As used in this chapter ‘‘action’’ means any civil action or proceeding brought in or appealed to any court of record which is subject to these rules; ‘‘guardian,’’ except where the context otherwise indicates, means the party rep- resenting the interest of a minor party in any action, whether as (a) the guardian of a minor appointed by any court of competent jurisdiction, (b) a person in the nature of a next friend selected to represent a minor plaintiff in an action, or (c) a guardian ad litem specially appointed by the court in which the action is pend- ing; ‘‘judgment’’ means any final judgment or final order entered in any action.
Rule 2026.Definitions.
Adopted February 14, 1939 · Last amended December 16, 2003 · Last verified June 30, 2026
In one sentenceRule 2026 defines the terms used in the chapter on minors as parties, including what counts as an 'action.'
Full Text of Rule 2026
Plain-English Summary
This chapter governs how a child takes part in a lawsuit. The opening rule defines its terms — chiefly that an 'action' means any civil action or proceeding in a court of record subject to these rules — framing the rules that follow on guardians, settlements, and judgments involving minors.
Frequently Asked Questions
What does the minors chapter define?
Its key terms, including that an 'action' means any civil action or proceeding in a court of record subject to these rules.
Official Note
Official Note: A testamentary guardian is not included as such within the above definition of guardian. A testamentary guardian may, however, obtain the right to represent the minor in litigation, not in the capacity as testamentary guardian, but by qualifying as a guardian within the above definition either by selection under clause (b) or appointment under clause (c).
Amendment History
The provisions of this Rule 2026 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 December 16, 2003, effecive July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255293).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: minors as parties definitionsminor party actionchild litigant definition