Rule 2039(a)*. Compromise, Settlement, Discontinuance and Distribution (1) No settlement of an action for a minor for personal injuries will be authorized or approved without the appearance of the minor in Court, medical evidence as to the extent of the minor’s injuries, and such further information as the Court shall deem necessary; provided, however, that if the petition of the guardian for the compromise of the minor’s action is accompanied by (a) a written report of the physician dated no more than 30 days before filing of the petition. (b) A statement under oath by the guardian certifying (i) the present physical or mental condition of the minor and (ii) approval of the proposed settlement and distribution thereof; (c) a statement by counsel of his or her professional opinion of the probabilities of proof of defendant’s negligence by plaintiff and the minor’s negligence, if any, by defendant; and (d) in the event that the minor is 16 years of age or over, the minor’s written approval of the proposed settlement and distribution thereof, then the Judge to whom such petition has been presented may approve the petition without requiring the appearance of the minor’s doctor, in the event that the Judge concludes that the information contained in the petition is sufficient to satisfy the Judge that the proposed settlement adequately compensates the minor and the guardian for the injuries sustained and expenses incurred. (2) In the event that the Judge determines that sufficient evidence has not been produced to justify the approval of the petition, the Judge may require additional information, including the personal appearance of the minor, the guardian and the doctor, or any of them, and the Judge may require the production of any other evidence the Judge deems to be necessary for the purpose of determining whether the proposed settlement adequately compensates the minor and the guardian for the injuries sustained and the expenses incurred. (3) When a compromise of a minor’s action has been tentatively approved by a Pretrial Conference Judge, that Judge shall retain jurisdiction of the case for the purpose of judicially determining whether the proposed compromise should be approved or rejected. Counsel for the guardian of a minor shall thereupon present to that Judge a formal petition of the guardian for the compromise of the action in the form set forth in Rule 2039(a)*(1) above. (4) If the claim for counsel fees exceeds twenty-five (25) percent of the compromise settlement, evidence shall be presented as to the nature and extent of the services rendered. (5) When a compromise settlement is approved by the court, an Affidavit of Deposit of Minor’s Funds shall be filed with the Prothonotary of Montgomery County within 30 days of the date of the order approving the settlement. The Affidavit shall be substantially in the following form: See Form
Rule 2039(a)*. Compromise, Settlement,
Discontinuance and Distribution
(1) No settlement of an action for a minor for personal injuries will
be authorized or approved without the appearance of the minor in
Court, medical evidence as to the extent of the minor’s injuries, and
such further information as the Court shall deem necessary; provided,
however, that if the petition of the guardian for the compromise of
the minor’s action is accompanied by
(a) a written report of the physician dated no more than 30 days
before filing of the petition.
(b) A statement under oath by the guardian certifying (i) the present
physical or mental condition of the minor and (ii) approval of the
proposed settlement and distribution thereof;
(c) a statement by counsel of his or her professional opinion of the
probabilities of proof of defendant’s negligence by plaintiff and
the minor’s negligence, if any, by defendant; and
(d) in the event that the minor is 16 years of age or over, the
minor’s written approval of the proposed settlement and
distribution thereof, then the Judge to whom such petition has
been presented may approve the petition without requiring the
appearance of the minor’s doctor, in the event that the Judge
concludes that the information contained in the petition is
sufficient to satisfy the Judge that the proposed settlement
adequately compensates the minor and the guardian for the
injuries sustained and expenses incurred.
(2) In the event that the Judge determines that sufficient evidence
been produced to justify the approval of the petition, the Judge may
require additional information, including the personal appearance of the
minor, the guardian and the doctor, or any of them, and the Judge may
require the production of any other evidence the Judge deems to be
necessary for the purpose of determining whether the proposed
settlement adequately compensates the minor and the guardian for the
injuries sustained and the expenses incurred.
by a Pretrial Conference Judge, that Judge shall retain jurisdiction of the
case for the purpose of judicially determining whether the proposed
compromise should be approved or rejected. Counsel for the guardian of
a minor shall thereupon present to that Judge a formal petition of the
guardian for the compromise of the action in the form set forth in Rule
2039(a)*(1) above.
compromise settlement, evidence shall be presented as to the nature
and extent of the services rendered.
of Deposit of Minor’s Funds shall be filed with the Prothonotary of
Montgomery County within 30 days of the date of the order approving
the settlement. The Affidavit shall be substantially in the following form:
See Form
