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. Source The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902). (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. Source The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902). (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. Source The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902). (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. Source The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902). Source The provisions of this Rule 2034 adopted February 14, 1939, effective September 4, 1939; amended October 26, 1939, effective October 26, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220902).