Current through Register Vol. 54, No. 44, November 2, 2024
Rule 2034 - Procedure When Minority of a Party is Ascertained(a) If the minority of a party is ascertained before trial, the only remedy available to any other party desiring to object to the non-representation of the minor shall be the right to apply for the appointment of a guardian for the minor and a stay of proceedings pending such appointment.(b) If the minority of a party is first ascertained during the trial, the court may forthwith appoint a guardian of its own motion or upon the oral application of any person entitled under these rules to file a petition for the appointment of a guardian. In such cases the information required by these rules in petitions for such appointments shall be stated on the record.(c) If the appointment of a guardian is made during the trial, the court may grant a continuance to enable the guardian properly to present the minor's case. The court may refuse a continuance if the minor has previously filed an affidavit asserting his or her majority.(d) If, after the conclusion of the trial, or after the entry of a finding, verdict or judgment against a minor, application is made for the appointment of a guardian for a minor against whom any relief is sought, the court shall, in either case, forthwith appoint a guardian for such minor, and may vacate the finding, verdict or judgment and may enter an order in the nature of a procedendo.The provisions of this Rule 2034 adopted February 14, 1939, effective 9/4/1939; amended October 26, 1939, effective 10/26/1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2274.