US · rules
S.D. Ga. LR 17.1
Minors, Wards, and Incompetents
(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 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.
LR 18. See Federal Rule of Civil Procedure 18.
LR 19 through 22. See Local Rule 16.3.
Provenance
- Source
- www.gasd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
af7a7fa9adcef38276a83f7d77932d37c3241f5c533b1af95159644ccd455db9
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