Short answer. Both, generally. Summons on a minor defendant must be served on the minor personally and on his or her legal guardian if there is one; if there is none, the plaintiff must apply for a guardian ad litem. In the case of a minor specifically, service is made on the parent or guardian.
What the law says
When the defendant is a minor, insane or otherwise an incompetent person, service of summons shall be made upon him or her personally and on his or her legal guardian if he or she has one, or if none, upon his or her guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service shall be made on his or her parent or guardian.
Rule 14, Section 10 — Service upon minors and incompetents. Read the full provision →
Personal service plus a guardian
For a defendant who is a minor, insane, or otherwise an incompetent person, the rule requires service on two separate people, not merely one: the defendant personally, and the legal guardian if that defendant already has one appointed. This dual requirement recognizes that such a defendant may not be fully capable of protecting their own legal interests in litigation on their own, so a guardian's involvement is built directly into the service requirement itself.
When there is no existing guardian
If the defendant has no legal guardian at the time the case is filed, the rule does not simply drop the guardian requirement altogether and proceed with service on the minor alone. Instead, it requires the plaintiff to affirmatively apply for the appointment of a guardian ad litem for that defendant, and service must then also reach that court-appointed guardian once the appointment has actually been made by the court.
The specific rule for minors
The provision adds one further, targeted clarification specifically for minor defendants: service in that case is made on the minor's parent or guardian. This aligns naturally with how a minor's legal guardian will typically be a parent in the first place, while still keeping the separate personal-service-on-the-minor requirement fully intact alongside that parent or guardian service, rather than replacing one requirement with the other.
Why the dual-service structure matters
Serving only the minor, insane person, or otherwise incompetent defendant alone risks letting the case proceed without anyone actually equipped to meaningfully respond on that defendant's behalf; serving only the guardian, on the other hand, risks bypassing the defendant's own direct connection to the proceeding entirely. Requiring both keeps the process firmly anchored to the actual defendant while still ensuring someone genuinely capable of protecting that defendant's interests is also formally brought into the case.
Related provisions
- Rule 14, Section 10 — Service upon minors and incompetents
- Rule 14, Section 9 — Service consistent with international conventions
- Rule 14, Section 11 — Service upon spouses