Section 805. Representation of Minor by Guardian

A. A guardian may represent a minor party by filing with the magisterial district judge before whom the action is pending a written notice stating the guardian’s name, address, entitlement to act as guardian under Rule 801(4)(a) and intention to represent the minor party as guardian. Such a notice shall be filed on a Guardian’s Notice of Intent to Represent Minor Party form.

B. Upon receipt of a notice of intent to act as guardian, the magisterial district judge shall note thereon the time and date of its filing and attach it to the record copy of the complaint form.

C. Only one guardian may represent the minor party. If more than one person files a notice of intent to act as guardian, precedence shall be given in the order indicated in Rule 801(4)(a), and to the one first filing as between those of the same class.

Official Note

Subdivision A sets up a system which is intended to preserve expedition in the processing of civil cases before magisterial district judges in which a minor is a party and at the same time afford sufficient protection to the minor. Under this rule, read in connection with the definition of ‘‘guardian’’ in Rule 801(4)(a), guardians appointed by a court or by will and parents can represent the minor with or without the minor’s consent, but others are subject to the minor’s selection. Subdivision B requires the notice of intent to be attached to the complaint form, and subdivision C provides for an automatic selection as between competing ‘‘guardians’’. Of course, one who has filed a notice of intent to represent may withdraw, in which event the next guardian in precedence, if any, would represent the minor party.

The provisions of this Rule 805 amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309569).