Current through Register Vol. 54, No. 49, December 7, 2024
Rule 813 - Procedure When Incapacitated Person Not Designated as SuchA. Except as provided in subdivisions B and C of this rule, if during the pendency of the action the magisterial district judge finds that a party not designated in the complaint as an incapacitated person represented by a guardian is an incapacitated person, the magisterial district judge shall dismiss the proceeding without prejudice. Such a finding shall be based on the fact that the party has a guardian appointed by a court of competent jurisdiction pursuant to 20 Pa.C.S § 5511.B. If the party as to whom such a finding is made is one of several plaintiffs or defendants, the proceedings shall be dismissed only as to the incapacitated person.C. A complaint filed by a party who is an incapacitated person but not designated as such in the complaint may be amended by the incapacitated person's guardian, at any time during the pendency of the action before judgment, to state that the party is an incapacitated person represented by a guardian. A complaint filed against a party who is an incapacitated person but not designated as such may be amended to state that the party is an incapacitated person represented by a guardian only with the written consent of the guardian, which shall be attached to the record copy of the complaint form.The provision of this Rule 813 amended March 13, 2015, effective 4/12/2015, 45 Pa.B. 1492.