Rule 2034.Procedure When Minority of a Party is Ascertained.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 2034 governs a party’s minority discovered before, during or after trial: before trial an objecting party may seek only a guardian and a stay, during trial the court may appoint one at once, and afterward it may vacate the result.
(a)If the minority of a party is ascertained before trial, the only remedy available to any other party desiring to object to the non-representation of the minor shall be the right to apply for the appointment of a guardian for the minor and a stay of proceedings pending such appointment.
(b)If the minority of a party is first ascertained during the trial, the court may forthwith appoint a guardian of its own motion or upon the oral application of any person entitled under these rules to file a petition for the appointment of a guardian. In such cases the information required by these rules in petitions for such appointments shall be stated on the record.
(c)If the appointment of a guardian is made during the trial, the court may grant a continuance to enable the guardian properly to present the minor’s case. The court may refuse a continuance if the minor has previously filed an affidavit asserting his or her majority.
(d)If, after the conclusion of the trial, or after the entry of a finding, verdict or judgment against a minor, application is made for the appointment of a guardian for a minor against whom any relief is sought, the court shall, in either case, forthwith appoint a guardian for such minor, and may vacate the finding, verdict or judgment and may enter an order in the nature of a procedendo.
End
Plain-English Summary
The rule sorts the problem by timing. If a party’s minority is ascertained before trial, any other party who objects that the minor is unrepresented has one remedy: to apply for the appointment of a guardian and a stay of proceedings until the appointment is made. If minority first comes to light during trial, the court may appoint a guardian forthwith, on its own motion or on the oral application of anyone entitled to petition for an appointment, and the information a petition would contain is stated on the record.
A guardian appointed mid-trial may need time, and the court may grant a continuance so the guardian can present the minor’s case. It may refuse one if the minor had filed an affidavit asserting majority. After trial, or after a finding, verdict or judgment against a minor, an application for a guardian for a minor against whom relief is sought requires the court to appoint one forthwith. The court may then vacate the finding, verdict or judgment and enter an order in the nature of a procedendo.
The Official Note to Rule 2028 explains the stakes: an action against a minor begins as one against an adult, but a guardian’s later appointment is essential to a valid judgment against the minor.
Frequently Asked Questions
What happens if a party is found to be a minor during the case?
A guardian is provided, and the rule sets the limited remedy available to an objecting party.
Amendment History
The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902).
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:minority ascertainedparty found to be minorprocedure minor discovered