Rule 2035.Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trials.
Adopted February 14, 1939 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 2035
Plain-English Summary
A defendant cannot exploit a technical gap in a child's representation. This rule provides that the non-representation of a minor plaintiff — the absence of a guardian — may not be assigned by the defendant as a ground for a nonsuit, directed verdict, judgment notwithstanding the verdict, or new trial. The minor's claim is judged on its merits, not on the procedural lapse.
Frequently Asked Questions
Can a defendant win because a minor plaintiff had no guardian?
No. A defendant cannot assign it as a ground for a nonsuit, directed verdict, or judgment for any party — though the minor plaintiff may assign it as a ground for a new trial where a setoff or counterclaim has succeeded against the minor.
Amendment History
The provisions of this Rule 2035 adopted February 14, 1939, effective September 4, 1939; amended through October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629. Immediately preceding text appears at serial page (22308).