Local Rule Local Civil Rule 83.2: Settlement of Actions by or on Behalf of Infants or Incompetents, Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the Decedent

Local Civil Rule 83.2. Settlement of Actions by or on Behalf of Infants or Incompetents, Wrongful Death Actions, and Actions for Conscious Pain and Suffering of the Decedent

(a) Settlement of Actions by or on Behalf of Infants or Incompetents

(1) An action by or on behalf of an infant or incompetent person must not be settled or compromised, or voluntarily discontinued, dismissed, or terminated without leave of the court embodied in an order, judgment, or decree. The proceeding upon an application to settle or compromise such an action must conform, as much as possible, to the New York State statutes and rules, but the court, for cause shown, may dispense with any New York State requirement.

(2) The court must authorize payment to counsel for the infant or incompetent person of reasonable attorney's fees and proper disbursements from the amount recovered in the action, whether realized by settlement, execution, or otherwise, and must determine those fees and disbursements after due inquiry into all charges against the fund.

(3) The court must order the balance of the proceeds of the recovery or settlement to be distributed as it deems may best protect the interest of the infant or incompetent.

(b) Settlement of Wrongful Death Actions and Actions for Conscious Pain and Suffering of the Decedent. In an action for wrongful death or conscious pain and suffering of the decedent:

(1) Where required by statute or otherwise, the court must apportion the proceeds of the action and must approve the terms of any settlement.

(2) The court must approve attorney's fees only upon application in accordance with the provisions of the New York State statutes and rules.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.