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Rule 2030.Setoffs and Counterclaims.

Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 2030 lets a defendant in an action brought for a minor assert any setoff or counterclaim it has against the minor.

Full Text of Rule 2030

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In an action brought on behalf of a minor the defendant may assert any setoff or counterclaim which the defendant has against the minor.

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).

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: counterclaim against minorsetoff minorminor defendant claims