incompetent person is a party shall be compromised, settled, discontinued, or dismissed without
an order of approval entered by the court. It shall be the responsibility of counsel for the minor
or incompetent parties to prepare a proposed order of approval for submission to the court. The
order of approval shall bear the written consent of (1) counsel for all the parties to the action; (2)
the legal representative(s) of minor or incompetent parties; and (3) in the case of minors, at least
one of the natural parents or persons standing in loco parentis. Unless otherwise ordered by the
court, the order of approval shall contain statements as to all the following:
(A) That all parties are properly represented and are properly before the court,
that no questions exist as to misjoinder or nonjoinder of parties, and that the
court has jurisdiction over the subject matter and the parties.
(B) If the minor or incompetent parties are plaintiffs, a summary of contentions
sufficient to show that the complaint states a claim upon which relief can be
granted; if the minor or incompetent parties are defendants, a statement of
contentions sufficient to show that no affirmative defenses could clearly be
raised in bar of recovery.
(C) A summary of services rendered by counsel for the minor or incompetent
parties, along with an opinion as to the fairness and reasonableness of the
settlement, if any.
(D) In cases involving claims for personal injuries asserted by minor or
incompetent parties, an estimate of actual and foreseeable medical, hospital,
and related expenses, and a statement by an examining physician setting
forth the nature and extent of the plaintiff’s injuries, extent of recovery, and
prognosis.
