N.Y. Civil Practice Law & Rules § 1208: Settlement procedure; papers; representation

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.