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 the defendant’s own claims. In an action brought on behalf of a minor, the defendant may assert any setoff or counterclaim it has against the minor.
The Official Note explains why. Under these rules a guardian replaces the old next friend, and the guardian combines supervision of the action with liability for costs. The guardian’s presence lets the defendant assert counterclaims against the minor plaintiff. The Note says this prevents a decision such as Hess v. Gerhart, 43 Lanc. 585 (1933), which held that a defendant sued by a minor through a next friend could not counterclaim for injuries from the same accident until a guardian ad litem was appointed to defend the counterclaim.
Rule 2038 sets the matching cost rule: the guardian is not individually liable for costs, except costs taxed against a minor plaintiff and against a minor defendant asserting a setoff or counterclaim. Rule 2058 gives defendants a similar right in actions by or against incapacitated persons.
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 plaintiff. 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).