(a) Capacity to Sue or Be Sued. Minors and incompetent persons may sue or
defend only by their general or testamentary guardians within this state or by guardians
ad litem appointed by this Court.
(b) Appointment of Guardian ad Litem.
(1) Application for the appointment of a guardian ad litem to sue on
behalf of a minor or incompetent may be made by motion submitted
contemporaneously with a complaint. The complaint may be filed when the
appointment is made by a Judge.
(2) Application for the appointment of a guardian ad litem to defend on
behalf of a minor or incompetent person may be filed after service of the summons
and complaint and before time has expired to answer or otherwise to respond.
(3) Applications for the appointment of a guardian ad litem by this
Court must:
(i) set out facts requiring such appointment,
(ii) suggest a natural person suitable for appointment,
(iii) contain information about that person, including
willingness to serve, upon which the Court can judge his or
her qualifications, and
(iv) be accompanied by a proposed order of appointment.
(c) Termination of Actions; Court Hearing and Approval.
(1) No civil action or proceeding in which a minor or incompetent
person is a party may be compromised, settled, dismissed, or otherwise
terminated without the approval of the Court.
(2) In order to obtain court approval, a party must file a motion setting
forth reasons justifying the termination and explaining its effect upon the
rights of the minor or incompetent person.
(3) The Court will conduct a hearing to determine whether the
termination is fair, reasonable, and in the best interest of the minor or
incompetent person. The following persons must be present at the hearing
unless excused by the Court:
(i) attorneys for all parties,
(ii) the minor or incompetent party,
(iii) the guardian ad litem or other legal representative, and
(iv) a parent or other person in loco parentis.
(4) At the hearing the parties must establish to the satisfaction of the
Court:
(i) the facts giving rise to the cause of action and the contentions
of the parties with respect to liability and damage;
(ii) the facts concerning the nature and extent of any injury or
damage suffered by the minor or incompetent person, supported by
medical records and reports in personal injury cases;
(iii) medical and hospital expenses, if any, incurred or likely to be
incurred;
(iv) the concurrence of the attorney, guardian ad litem or other
legal representative that the proposed settlement is fair, reasonable,
and in the best interest of the minor or incompetent person;
(v) the facts with respect to any related claims or liens, including
separate claims of parents for expenses, and the disposition or status
of such other claims.
(5) Ordinarily, the requirements of section (c)(4) of this rule may be
satisfied by summaries made by the parties or their attorneys. In every case, the
parties may present sworn testimony of witnesses, affidavits or documentary
evidence, and the Court reserves the right to call for such evidence at any time.
(d) Fees. At the hearing, the Court will consider requests for counsel fees and
a fee for services by the guardian ad litem or other legal representative and may make
appropriate orders relating to payment of fees.
(e) Consent Judgments Approving Settlement.
(1) Before a judgment approving a compromise settlement of claims of
a minor or incompetent is presented to the Court, it shall be consented and agreed
to by counsel for the parties to the action and by the guardian ad litem or other
legal representative of the minor or incompetent.
(2) The judgment presented should provide, inter alia, that the parties
have agreed to a settlement of all matters in controversy between them, and the
amount of the settlement; that the Court has conducted a hearing on the matter;
that the Court has found that the proposed compromise settlement is fair,
reasonable, and in the best interest of the minor or incompetent; and that the Court
has approved the compromise settlement agreement.
(f) Payment of Judgment. The amount of the judgment shall be paid into the
office of the Clerk of Court, and the Clerk shall make such disbursements from the
proceeds as provided by the judgment of the Court. The balance of the proceeds of the
judgment shall be paid to the legal guardian of the minor or incompetent, if within this
state. If there is no such guardian, the balance of the proceeds shall be paid to the clerk
of superior court of the county in this state in which the minor or incompetent resides. If
the minor or incompetent does not reside within this state, the balance shall be paid to a
legal guardian approved by the Court.
