Section 807. Judgment; Costs

A. Judgment may be entered for or against the minor party whether or not the minor party is represented by a guardian.

B. A judgment entered in the action shall be the obligation of the minor only. A guardian shall not be individually liable for the payment of any judgment entered against the minor or for the costs of the action.

Official Note

Subdivision A of this rule follows the concept adopted in Rule 802. In view of the right of appeal de novo from judgments rendered by magisterial district judges and the protections that are available under these rules, it was felt that such a judgment against a minor party should not be set aside, even as a discretionary matter, on the ground that the minor was not represented by a guardian. Compare Hamilton v. Moore, 335 Pa. 433, 6 A.2d 787 (1939).

As to subdivision B, compare Pa.R.C.P. No. 2038. Requiring a minor plaintiff’s guardian to pay costs seemed undesirable and unnecessary with respect to civil actions before magisterial district judges.

The provisions of this Rule 807 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309570).