(a) An action in which a minor is plaintiff shall be entitled ‘‘A, a Minor, by B, Guardian,’’ against the party defendant. The minor shall be designated by the initials of his or her first and last name.
Rule 2028.Actions By and Against Minors. Averments in Plaintiff’s Pleading.
Adopted February 14, 1939 · Last amended June 1, 2018 · Last verified June 30, 2026
In one sentenceRule 2028 sets how an action by or against a minor is captioned and what the plaintiff's pleading must aver about the minor.
Full Text of Rule 2028
(b) The initial pleading filed in behalf of a minor plaintiff shall state the name and address of his or her guardian and the guardian’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person selected as guardian is a guardian appointed by any court of competent jurisdic- tion or by a will duly probated, the initial pleading shall contain a reference to the record of the appointment.
(c) An action in which a minor is the defendant shall be commenced against the minor in the manner in which a like action is commenced against an adult. The minor shall be designated by the initials of his or her first and last name.
Plain-English Summary
A case involving a child is labeled to show it. This rule sets the caption — for example, 'A, a Minor, by B, Guardian' — for actions by or against a minor, and what the plaintiff's pleading must aver about the minor's status. The form makes the minor's involvement and the guardian's role clear from the face of the pleadings.
Frequently Asked Questions
How is a lawsuit involving a child captioned?
To show the minor and guardian, for example 'A, a Minor, by B, Guardian.'
Official Note
Official Note: Under the above rule the representative of a minor plaintiff is termed a ‘‘guardian’’ regardless of whether under prior practice he or she would be termed a legal guard- ian or a next friend.
Official Note: An action against a minor is begun in the same manner as an action against an adult, although by Rule 2034 as under prior practice, the subsequent appointment of a guard- ian to represent the minor is essential to the rendition of a valid judgment against the minor.
Official Note: The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 205.6.
Amendment History
The provisions of this Rule 2028 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 January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3519. Immediately preceding text appears at serial page (390172).
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: minor caption lawsuitactions by and against minorsminor pleading averments