231 Pa. Code r. 2056 - Procedure When Incapacity of a Party is Ascertained

(a) If, at any time during the pendency of the action, the court shall find that the plaintiff is an incapacitated person, who is not represented in the action by a guardian or a guardian ad litem, the court shall either

(1) forthwith appoint a guardian ad litem; or

(2) stay all proceedings and enter an order directing that the plaintiff be represented in the action by a guardian within such reasonable time as the court shall direct. Notice of such order shall be given to such persons and in such manner as the court may direct. If a guardian is not appointed within the specified time, the court shall appoint a guardian ad litem.

(b) If, at any time before trial, the court shall find that the defendant is an incapacitated person who is not represented in the action by a guardian or guardian ad litem the plaintiff shall forthwith give notice, by registered mail or in such other manner as the court by local rule or special order shall direct, of the pendency, subject matter and number of the action. Such notice shall be given to the guardian of the defendant appointed by a court of competent jurisdiction within this Commonwealth. If the defendant has no such guardian the plaintiff shall petition the court in which the action is pending for the appointment of a guardian ad litem and the notice, together with any additional notice of the application for the appointment of a guardian ad litem, shall be given in like manner to

(1) the guardian of the defendant appointed by a court of competent jurisdiction outside this Commonwealth, or, if he has no such guardian, then

(2) the person in charge for the time being of the institution either within or without this Commonwealth in which the defendant is confined or, if not confined, then

(3) an adult next of kin or the person with whom the defendant resides, and to

(4) such other person, if any, as the court may direct.

(c) If, at any time during the trial of an action, the court shall find that the defendant is an incapacitated person who is not represented in the action by a guardian or guardian ad litem, the court shall either

(1) forthwith appoint a guardian ad litem, or

(2) stay all proceedings until the defendant is represented in the action by a guardian. If the defendant has a guardian, the guardian shall be given notice of the pendency of the action in the manner provided by subdivision (b) of this rule. If the defendant is not represented by a guardian in the action within such reasonable time as the court shall direct, the court shall appoint a guardian ad litem for the defendant.

(d) If, at any time after the conclusion of the trial, or after the entry of a finding, verdict or judgment against a party from whom relief is sought, the court shall find that such party was incapacitated at the time of the entry of such finding, verdict or judgment and was not represented in the action by a guardian or a guardian ad litem, the court may vacate the finding, verdict or judgment and may enter an order in the nature of a procedendo.

(e) A finding of incapacity shall be based either on evidence presented to the court in which the action is pending, or on an adjudication of incapacity entered by a court of competent jurisdiction.

Notes

231 Pa. Code r. 2056

The provisions of this Rule 2056 adopted June 2, 1941, effective 2/2/1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended November 14, 1978, 8 Pa.B. 3410; amended June 3, 1994, effective 7/1/1994, 24 Pa.B. 3019.