As amended through December 18, 2021
Rule 127 - Actions In Which Any Party Is A Minora. Claims by and against minors- 1. Where the claimant is a minor, the action shall be captioned accordingly, e.g. "A, a minor, by B, his guardian" v. defendant.2. Where the minority of a defendant is ascertained at the time of filing of the claim his minority shall be designated in the caption accordingly, e.g., "A v. B, a minor."b. Service- 1. Where the defendant is designated a minor in the original caption of the action, also accompanying the service copy of the complaint will be a "Designation of Guardian Notice" in the form approved by the Municipal Court and provided by the Municipal Court Administrator. The "Designation of Guardian Notice" shall be filed with the Court and served upon every other party.2. When so filed, the caption will be amended accordingly.3. If a guardian of a minor is already designated as such in the initial complaint filed, service shall be made upon such guardian and defendant.c. Counterclaims- 1. In any claim brought by a minor designated as such, the defendant may assert any counterclaim which he has against the minor, and the guardian named in the complaint shall continue as the guardian on the counterclaim.d. Selection and Appointment of Guardian-1. If the minority of a party is not determined until the trial date, or a previously designated minor has appeared but has not filed a designation of guardian form, the Court shall appoint a guardian for the minor and may grant a continuance in order to prepare the case.2. If the minority of a party against whom any judgment has been rendered is not ascertained until after such entry of judgment, but before the party reaches majority, upon application the court shall then appoint a guardian for said minor and shall vacate any judgment and place the matter upon the trial list.e. Affidavit- 1. A minor is competent for purposes of these Rules to execute any affidavit required to be made by any party to an action.f. Judgments, Costs, Settlement and Discontinuances- 1. Any judgment entered in an action against a party who is a minor shall be the obligation of the minor only.2. No action in which a minor is claimant shall be marked "Withdrawn" unless both the minor and his guardian execute the order for the same.