Rule 2056.Procedure When Incapacity of a Party is Ascertained.

If the court finds at any time that the plaintiff is incapacitated and unrepresented by a guardian or guardian ad litem, it must either appoint a guardian ad litem forthwith, or stay all proceedings and order that a guardian represent the plaintiff within a reasonable time, appointing a guardian ad litem if none is appointed by then.

For a defendant found incapacitated and unrepresented before trial, the plaintiff must forthwith give notice of the action’s pendency, subject matter and number, by registered mail or as the court directs, to the defendant’s guardian appointed by a Pennsylvania court. If there is none, the plaintiff petitions for a guardian ad litem and notifies an out-of-state guardian or, failing one, the head of the institution confining the defendant or, if not confined, an adult next of kin or the person the defendant lives with, plus anyone the court names. During trial, the court either appoints a guardian ad litem forthwith or stays the case until a guardian represents the defendant.

After trial or judgment, if the court finds that a party against whom relief was sought was incapacitated and unrepresented, it may vacate the finding, verdict or judgment and enter an order in the nature of a procedendo. Any finding of incapacity rests on evidence before the court or on another court’s adjudication.