Rule 2057.Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trial.
Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026
Full Text of Rule 2057
Plain-English Summary
As with minors, a defendant cannot exploit a gap in an incapacitated party's representation. This rule provides that the non-representation of an incapacitated plaintiff may not be assigned by the defendant as a ground for a nonsuit, directed verdict, judgment notwithstanding the verdict, or new trial — the claim is judged on its merits.
Frequently Asked Questions
Can a defendant win because an incapacitated plaintiff lacked a guardian?
No. A defendant cannot use it as a ground for a nonsuit, a directed verdict, or a judgment in any party's favor. The incapacitated plaintiff may raise it as a ground for a new trial when a setoff or counterclaim has succeeded against them.
Amendment History
The provisions of this Rule 2057 adopted June 2, 1941, effective February 2, 1942; amended through October 19, 1983, effective Janaury 1, 1984, 13 Pa.B. 3629; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial pages (159494) to (159495).