Affidavits which are required to be made by a party to an action, including affidavits to the pleadings, may be made by a minor if the minor has sufficient mental capacity to understand the contents of the paper to which the affidavit is made and to appear in court as a witness. If the minor lacks such capacity, such affidavits shall be made by any competent person having knowledge or informa- tion as to the facts averred therein and shall state the reason for the minor’s lack of capacity to make such affidavit.
Rule 2036.Affidavits by Minors.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 2036 lets a minor make affidavits required of a party, including affidavits to the pleadings, where the rule allows.
Full Text of Rule 2036
Plain-English Summary
A minor can sometimes speak for themselves on the record. This rule lets affidavits required to be made by a party — including affidavits to the pleadings — be made by a minor where the rule permits, recognizing that a minor may have the personal knowledge an affidavit requires.
Frequently Asked Questions
Can a minor sign an affidavit in a lawsuit?
Yes, where the rule allows, including affidavits to the pleadings.
Amendment History
The provisions of this Rule 2036 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 page (220903).
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: affidavit by minorminor verificationminor sworn statement