Local Rule Rule 17.1: Minors or Incompetent Parties
E.D.N.C. — Civil rule
Rule 17.1 Minors or Incompetent Parties
(a) Representation.
Representation of a minor or incompetent person in a civil action shall be in accordance with Fed. R. Civ. P. 17(c). Appointments of guardians ad litem by any state court shall satisfy the requirements of the Federal Rules of Civil Procedure unless the court finds that the interests of the person so represented are not being adequately protected.
(b) Settlement or Dismissal of Actions.
No civil action to which a minor or incompetent person is a party shall be compromised, settled, discontinued, or dismissed without an Order of Approval entered by the court. It shall be the responsibility of the attorney for the minor or incompetent person to prepare a proposed Order of Approval for submission to the court. The Order of Approval shall bear the written consent of (1) the attorneys for all the parties to the action, (2) the legal representative of the minor or incompetent person, and (3) in the case of a minor, at least one of the natural parents or persons standing in loco parentis. Unless otherwise ordered by the court, the Order of Approval shall contain statements as to the following:
(1) statement that all parties are properly represented and are properly before the court, that no questions exist as to misjoinder or nonjoinder of parties, and that the court has jurisdiction over the subject matter and the parties;
(2) if the minor or incompetent person is the plaintiff, a summary of contentions sufficient to show that the complaint states a claim upon which relief can be granted; if the minor or incompetent person is the defendant, a statement of contentions sufficient to show that no affirmative defenses could clearly be raised in bar of recovery;
(3) a summary of services rendered by the attorney for the minor or incompetent person, along with an opinion as to the fairness and reasonableness of any settlement at issue; and
(4) in cases involving claims for personal injuries asserted by a minor or incompetent person, an estimate of actual and foreseeable medical, hospital, and related expenses and a statement by an examining physician setting forth the nature and extent of the plaintiff's injuries, extent of recovery, and prognosis.
(c) Approval of Attorney's Fees and Payment of Judgments – Minors.
In its Order of Approval, the court shall approve or fix the amount of the fee to be paid to the attorneys for the minor or incompetent person and make appropriate provision for the payment thereof. The Order of Approval shall also provide the manner in which judgments, if any, are to be paid and may make specific provisions for the payment of medical, hospital, and similar expenses when allowed by applicable law.
In compliance with Fed. R. Civ. P. 5.2, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, all parties to any litigation in which a minor is a party, with the exception of the paper administrative records in Social Security cases filed with the court, shall redact the minor child's name from all documents filed with the court. If the name of the minor must be included in a document, including the caption, only the initials of the child should be used.