Rule 2058.Setoffs and Counterclaims.

Incapacity does not stop claims from running both ways. The rule covers actions brought by an incapacitated person and actions brought against one, and in each it lets the defendant assert any setoff or counterclaim against the plaintiff. It places no limit on which setoffs or counterclaims qualify.

The incapacitated party acts through the representative Rule 2053 requires, a guardian or guardian ad litem who supervises and controls the action. If a setoff or counterclaim succeeds against an incapacitated plaintiff who had no guardian or guardian ad litem, Rule 2057 lets the plaintiff’s side seek a new trial on that ground.

Rule 2030 is narrower. In the minors chapter, the right to assert a setoff or counterclaim is stated only for an action brought on behalf of a minor.