Local Rule LCvR 17.2: SETTLEMENT PROCEDURE FOR SEAMAN SUITS

LCvR 17.2 SETTLEMENT PROCEDURE FOR SEAMAN SUITS A. Court Approval Required. No suit in admiralty or civil action to which a seaman is a party shall be compromised, settled, discontinued or amicably or voluntarily dismissed except after approval by the Court pursuant to a petition presented by the seaman's attorney and upon payment to the Clerk of Court of the filing fee.

B. Contents of Petition. In all such cases, the seaman's attorney shall file with the Clerk of Court, as part of the record, a petition containing:

1. a statement of the essential facts relating to liability;

2. the elements of claimed damage, including a statement of amounts already paid to or on behalf of the seaman;

3. a statement of services rendered by counsel;

4. the expenses incurred or to be incurred by counsel; and 5. the amount of fees and expenses requested by counsel.

The petition shall also include copies of written statements of those physicians who have treated or examined the seaman setting forth the nature of the injuries and the extent of recovery and a copy of the release, if any, signed or to be signed by the seaman. The petition shall be verified by the seaman's attorney.

C. Seaman to Appear. No such compromise, settlement, discontinuance or dismissal shall be approved by the Court unless the seaman appears in open Court before the Judge to whom the petition is presented. At such time, the Court shall examine the seaman under oath in order to insure that the seaman's rights are fully protected and that he or she comprehends the nature of the action being taken by him or her and on his or her behalf before such petition and release shall be approved and order entered thereon.

D. Contents of Court Order. When a compromise or settlement has been so approved by the Court, or when a judgment has been entered on a verdict or by agreement, the Court, upon petition filed by the seaman's counsel, shall make an order approving or disapproving the agreement entered into by the attorney and the seaman for the payment of counsel fees and other expenses out of the fund created by the compromise, settlement or judgment; or the Court may make such order as it deems proper, fixing counsel fees and other proper expenses. The petition to be filed by counsel for the seaman in those instances where a judgment has been entered need only contain a statement of those matters referred to in LCvR 17.2.B.1-.5. The Court shall then order the balance of the fund to be paid to the seaman unless he or she be a minor or an incompetent, in which case the Court shall order the balance of the fund to be paid to a guardian of the estate of the seaman qualified to receive the fund.