Section 808. Compromise, Settlement, Discontinuance and Payment  


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  • A. If a minor party is represented by a guardian, the guardian may compromise or settle the action on behalf of the minor or may discontinue the action if it was brought by the minor. A minor party not represented by a guardian may compromise or settle the action or may discontinue the action if it was brought by the minor.

    B. The amount of a compromise, settlement or judgment in favor of a minor party shall be paid to the guardian of the estate of the minor qualified to receive the fund if the minor party has one or one is to be appointed. If the minor has no such guardian, and none is to be appointed, the amount shall be paid to the guardian of the person or to the natural guardian or to the person or agency by whom the minor is maintained or to the minor.

    Official Note

    Compare Pa.R.C.P. No. 2039.

The provisions of this Rule 808 amended January 29, 1976, 6 Pa.B. 361; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309570).