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This entry was published on 2014-09-22
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SECTION 1208
Settlement procedure; papers; representation
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 12
Rule 1208. Settlement procedure; papers; representation.

(a) Affidavit of infant's or incompetent's representative. An
affidavit of the infant's or incompetent's representative shall be
included in the supporting papers and shall state:

1. his name, residence and relationship to the infant or incompetent;

2. the name, age and residence of the infant or incompetent;

3. the circumstances giving rise to the action or claim;

4. the nature and extent of the damages sustained by the infant or
incompetent, and if the action or claim is for damages for personal
injuries to the infant or incompetent, the name of each physician who
attended or treated the infant or incompetent or who was consulted, the
medical expenses, the period of disability, the amount of wages lost,
and the present physical condition of the infant or incompetent;

5. the terms and proposed distribution of the settlement and his
approval of both;

6. the facts surrounding any other motion or petition for settlement
of the same claim, of an action to recover on the same claim or of the
same action;

7. whether reimbursement for medical or other expenses has been
received from any source; and

8. whether the infant's or incompetent's representative or any member
of the infant's or incompetent's family has made a claim for damages
alleged to have been suffered as a result of the same occurrence giving
rise to the infant's or incompetent's claim and, if so, the amount paid
or to be paid in settlement of such claim or if such claim has not been
settled the reasons therefor.

(b) Affidavit of attorney. If the infant or incompetent or his
representative is represented by an attorney, an affidavit of the
attorney shall be included in the supporting papers and shall state:

1. his reasons for recommending the settlement;

2. that directly or indirectly he has neither become concerned in the
settlement at the instance of a party or person opposing, or with
interests adverse to, the infant or incompetent nor received nor will
receive any compensation from such party, and whether or not he has
represented or now represents any other person asserting a claim arising
from the same occurrence; and

3. the services rendered by him.

(c) Medical or hospital report. If the action or claim is for damages
for personal injuries to the infant or incompetent, one or more medical
or hospital reports, which need not be verified, shall be included in
the supporting papers.

(d) Appearance before court. On the hearing, the moving party or
petitioner, the infant or incompetent, and his attorney shall attend
before the court unless attendance is excused for good cause.

(e) Representation. No attorney having or representing any interest
conflicting with that of an infant or incompetent may represent the
infant or incompetent.

(f) Preparation of papers by attorney for adverse party. If the infant
or incompetent is not represented by an attorney the papers may be
prepared by the attorney for an adverse party or person and shall state
that fact.