(a) Court Approval Required
An action on behalf of a minor may not be settled without court approval. A
court order approving such a settlement may require court approval of any
withdrawals of settlement funds before the minor reaches majority.
(b) Motion for Court Approval
A party requesting approval of a settlement on behalf of a minor must file a
motion signed by the minor’s next friend or guardian containing the following
information, if applicable:
(1) a brief description of the claim;
(2) an itemized statement of all damages sustained;
(3) the total amount of the settlement and a breakdown of how all of the
settlement proceeds are to be distributed. If a parent or guardian is to
be paid directly, the motion must contain a statement of the total
amount to be paid to the parent and specify each item the payment
covers;
(4) whether the settlement was negotiated by counsel representing the
minor and, if so, the amount claimed as attorneys’ fees;
(5) the financial institution where the settlement funds will be deposited;
and
(6) an acknowledgement that any withdrawals of settlement funds are
subject to court approval until the minor reaches majority.
(c) Deviations
Any deviation from the approved settlement requires court approval.
(d) Affidavit Required
Within 30 days after entry of the order approving the settlement, the attorney
or party to whom the funds are paid must file an affidavit, which must:
District of Maine Local Rules
(1) verify that the funds paid have been deposited in a financial institution
as required by court order;
(2) state the financial institution and account number; and
(3) certify that a copy of the court order has been provided to the financial
institution.
District of Maine Local Rules
