(a) No action to which a party is a minor, an incompetent adult under guardianship of person and/or
property or other person suffering under a mental disability shall be compromised, settled,
discontinued, or dismissed except after approval by the Court pursuant to a petition presented by the
guardian or personal representative of such party, such as the circumstances might require.
(b) In all such cases, such person's attorney shall file with the Clerk, as part of the record, a statement
of the nature of the evidence relied upon to show liability, the elements of damage and a statement of
the services rendered by counsel, the expenses incurred or to be incurred and the amount of fees
requested. The petition shall contain written statements of attending physicians, setting forth the
nature of the injuries and the extent of recovery, if any. If required by the Judge, such statements of
attending physicians shall be in affidavit form. The petition shall be verified by the affidavit of such
person's attorney. In claims for property damages, the extent of the damage shall be described and the
statement shall be supported by the affidavit of the person who appraised the damage or made the
repairs.
(c) When a compromise or settlement has been so approved by the Court or when a judgment has
been entered upon a verdict or by agreement, the Court, upon petition by the guardian or any party to
LOCAL RULES for the SOUTHERN DISTRICT of GEORGIA
Page 22 of 60
Rev. June 2016
the action, shall make an order approving or disapproving any agreement entered into by the guardian
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 Court may then order the balance of the fund to be paid to the guardian of
the person or estate of such person qualified to receive the fund. Such order may provide for the
investment of said fund, if appropriate, and the filing of periodic returns by such guardian or personal
representative, accounting for the encroachment upon or expenditure of said fund.
