Rule 2030.Setoffs and Counterclaims.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
Full Text of Rule 2030
Plain-English Summary
A minor's lawsuit does not shield the minor from related claims. This rule lets the defendant in an action brought on behalf of a minor assert any setoff or counterclaim the defendant has against the minor, just as it could against an adult plaintiff — keeping the dispute balanced.
Frequently Asked Questions
Can a defendant counterclaim against a minor plaintiff?
Yes. The defendant may assert any setoff or counterclaim it has against the minor.
Official Note
Official Note: Under these rules, the next friend of the minor plaintiff is replaced by a guardian who combines the functions of liability for costs and supervision of the action and whose presence enables the defendant to assert cross or counterclaims against the minor plain- tiff. This prevents a decision such as Hess v. Gerhart, 43 Lanc. 585 (1933), in which it was held that since the minor plaintiff in a trespass case was suing by his next friend the defendant could not make a counterclaim for injuries arising from the same accident and that the appointment of a guardian ad litem to defend against such counterclaim was necessary before such counterclaim could be asserted.
Amendment History
The provisions of this Rule 2030 adopted February 14, 1939, effective September 4, 1939; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220900) to (220901).