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
An incapacitated plaintiff who sues without a guardian or guardian ad litem has a defect in representation, but the defendant can’t turn it into a win. The non-representation may not be assigned by a defendant as a ground for a nonsuit, a directed verdict or a judgment in favor of any party. The rules cure the gap another way, under Rule 2056(a), by a guardian ad litem or a guardian.
The protection runs one way. The non-representation may be assigned on behalf of the incapacitated plaintiff as a ground for a new trial, but only when a setoff or counterclaim has been successfully asserted against that plaintiff. Rule 2058 lets a defendant assert any setoff or counterclaim in an action by or against an incapacitated person, and this rule gives a new-trial remedy to a plaintiff who lost on such a claim while unrepresented.
Rule 2035 applies the same rule to minor plaintiffs, and the Official Notes to Rules 2053 and 2054 point readers here.
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).