In an action brought by or against an incapacitated person the defendant may assert any setoff or counterclaim against the plaintiff.
Rule 2058.Setoffs and Counterclaims.
Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026
In one sentenceRule 2058 lets a defendant in an action by or against an incapacitated person assert any setoff or counterclaim it has against that person.
Full Text of Rule 2058
Plain-English Summary
An incapacitated person's lawsuit does not bar related claims against them. This rule lets the defendant in an action by or against an incapacitated person assert any setoff or counterclaim the defendant has against that person, keeping the dispute balanced as it would be against any party.
Frequently Asked Questions
Can a defendant counterclaim against an incapacitated plaintiff?
Yes. The defendant may assert any setoff or counterclaim it has against the incapacitated person.
Amendment History
The provisions of this Rule 2058 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159495).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: counterclaim incapacitated personsetoff incapacitatedincapacitated defendant claims