Local Rule LCivR 17: PLAINTIFF AND DEFENDANT; CAPACITY; PUBLIC OFFICERS
E.D. Wash. — Civil rule
LCivR 17 PLAINTIFF AND DEFENDANT; CAPACITY; PUBLIC OFFICERS
(a) through (b) [Reserved]
(c) Minor or Protected Person.
(1) through (2) [Reserved]
(3) Representation. At the time of the commencement of any action or upon initial appearance in defense of any action involving a beneficial interest or claim of a minor or other person in need of protection ("protected person") within the meaning of Fed. R. Civ. P. 17(c) ("protected person" within this rule replaces the arguably pejorative term "incompetent person" contained in Fed. R. Civ. P. 17(c)), the plaintiff or initially appearing defendant shall petition the Court and obtain appointment by the Court of an independent guardian ad litem to represent the interest of the ward. The guardian ad litem shall be an attorney admitted to practice before this Court. The guardian ad litem shall be independently appointed by the Court. At the time of the commencement of the action or initial appearance in defense of any action, counsel for the plaintiff or initially appearing defendant shall submit to the Court a list of not less than three attorneys and their qualifications who are willing to serve as guardian ad litem. Upon a showing of good cause, the Court may dispense with the appointment of a guardian ad litem, or may determine that a pre-existing fiduciary, appointed or designated in a conservatorship or guardianship, may act as the guardian ad litem.
(4) Procedure for Settlement or Compromise. Counsel for the minor or protected person shall consult with the guardian ad litem prior to proposing or responding to any settlement offer. No claims of a ward shall be settled or compromised without the prior approval of the Court. Prior to the presentment to the Court of any proposed settlement, the guardian ad litem shall independently investigate the proposed settlement and file a written report with the Court as to the adequacy of the proposed settlement, including an analysis of costs and fees.
(5) Hearing and Calculation of Fee. At the time the petition for approval of the settlement is heard, the allowance and taxation of all fees, costs, and other charges incident to the settlement of the minor's claim shall be considered and disposed of by the Court in its discretion. In the case of a structured settlement or annuity, the fee shall be based on the actual cost of the annuity, the cost of which may be disclosed in camera upon request.
(6) Deposit in Court and Disbursements. If approved by the Court, funds recovered for the benefit of a minor or protected person shall be invested or disbursed in such a manner as the Court deems proper for the best interests of the minor or protected person. Unless otherwise ordered, all funds recovered on behalf of a minor or protected person, either through settlement or judgment, shall be paid into the registry of the Court. Disbursement of such funds for attorney's fees, costs, or other allowable expenses shall be paid only upon approval of the Court.
(7) Control of Remaining Funds.
(A) $50,000 or Less. If the money or the value of other property remaining is $50,000 or less and there is no general guardian of the ward, the Court shall require that (1) the money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the ward subject to withdrawal only upon the order of the Court as part of the original proceeding, or (2) a general guardian be appointed and the money or other property be paid or delivered to such guardian.
(B) Over $50,000. If the money or the value of other property remaining exceeds $50,000, and there is no general guardian of the ward, the Court in the order or judgment shall require that a general guardian be appointed by a court of competent jurisdiction.
(8) Deposit of Minor's Funds. Checks for funds for the benefit of a minor may be made out by the Clerk of Court jointly to the depository bank, trust company, or insured financial institution and the independent attorney for the minor, guardian ad litem, or general guardian and deposit shall be made in a blocked account for the minor with provision that withdrawals cannot be made without court order. A deposit receipt to that effect must forthwith be filed with the Court by the attorney or guardian.