Rule 2061.Affidavits.

Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026

In one sentenceRule 2061 bars an incapacitated party from making the affidavits a party must make, including affidavits to the pleadings, and lets the guardian or another competent person with knowledge make them, stating the nature of the incapacity.

Full Text of Rule 2061

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Affidavits which are required to be made by a party to an action, including affidavits to the pleadings, shall not be made by an incapacitated party, but may be made on the party’s behalf by the party’s guardian or any competent person, if the guardian or other competent person has knowledge or information as to the facts averred therein, and shall state the nature of the party’s incapacity.

End

Plain-English Summary

Affidavits required of a party, including affidavits to the pleadings, may not be made by an incapacitated party. They may be made on the party’s behalf by the party’s guardian or by any other competent person, so long as that person has knowledge or information about the facts averred. The affidavit must state the nature of the party’s incapacity.

The rule draws a firmer line than its counterpart for minors. Under Rule 2036, a minor who can understand the paper and could appear in court as a witness may make the affidavit personally; an incapacitated party may not. The signer here need not be a guardian ad litem, or even a guardian, but must know or have information about the facts, and the affidavit discloses why the party isn’t making it.

Frequently Asked Questions

Can an incapacitated person sign an affidavit in a lawsuit?

No. The affidavit is made on the person's behalf, as the rule provides, rather than by the incapacitated person.

Amendment History

The provisions of this Rule 2061 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 (159496).

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: affidavit incapacitated personincapacitated verificationwho signs affidavit incapacitated