§ Rule 2030 Setoffs and Counterclaims

Codes > Pennsylvania Rules of Civil Procedure > Minors as > Rule 2030

Rule 2030. Setoffs and Counterclaims

    In an action brought on behalf of a minor the defendant may assert any setoff or counterclaim which the defendant has against the minor.

    Note: Under these rules, the next friend of the minor plaintiff is replaced by a guardian who combines the functions of liability for costs and supervision of the action and whose presence enables the defendant to assert cross or counter claims against the minor plaintiff. This prevents a decision such as Hess v. Gerhart, 43 Lanc. 585 (1933), in which it was held that since the minor plaintiff in a trespass case was suing by his next friend the defendant could not make a counterclaim for injuries arising from the same accident and that the appointment of a guardian ad litem to defend against such counterclaim was necessary before such counterclaim could be asserted.