Rule 2036.Affidavits by Minors.

Many filings require a party’s affidavit, including affidavits to the pleadings. A minor party may make these personally if the minor has enough mental capacity to understand the contents of the paper and to appear in court as a witness. The test is the minor’s capacity; the rule sets no minimum age.

If the minor lacks that capacity, any competent person with knowledge or information about the facts averred makes the affidavit instead. That affidavit must state the reason the minor lacks the capacity to make it.

Rule 2061 takes a firmer line for incapacitated parties. They may not make a party’s affidavits at all; their guardian or another competent person with knowledge makes them and states the nature of the incapacity.