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E.D.N.C. Local Civil Rule 17.1

Minors or Incompetent Parties

activein force · 2023-05-01 – presentact-effective-date

(a) Representation.

Representation of a minor or incompetent person in a civil action shall be in

accordance with Fed. R. Civ. P. 17(c). Appointments of guardians ad litem

by any state court shall satisfy the requirements of the Federal Rules of Civil

Procedure unless the court finds that the interests of the person so represented

are not being adequately protected.

(b) Settlement or Dismissal of Actions.

No civil action to which a minor or 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 the attorney

for the minor or incompetent person to prepare a proposed Order of Approval

for submission to the court. The Order of Approval shall bear the written

consent of (1) the attorneys for all the parties to the action, (2) the legal

representative of the minor or incompetent person, and (3) in the case of a

minor, 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 the following:

(1) statement 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;

(2) if the minor or incompetent person is the plaintiff, a summary of

contentions sufficient to show that the complaint states a claim upon

which relief can be granted; if the minor or incompetent person is the

defendant, a statement of contentions sufficient to show that no

affirmative defenses could clearly be raised in bar of recovery;

(3) a summary of services rendered by the attorney for the minor or

incompetent person, along with an opinion as to the fairness and

reasonableness of any settlement at issue; and

(4) in cases involving claims for personal injuries asserted by a minor or

incompetent person, 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.

(c) Approval of Attorney’s Fees and Payment of Judgments Minors.

In its Order of Approval, the court shall approve or fix the amount of the fee

to be paid to the attorneys for the minor or incompetent person and make

appropriate provision for the payment thereof. The Order of Approval shall

also provide the manner in which judgments, if any, are to be paid and may

make specific provisions for the payment of medical, hospital, and similar

expenses when allowed by applicable law.

In compliance with Fed. R. Civ. P. 5.2, and to promote electronic access to

case files while also protecting personal privacy and other legitimate

interests, all parties to any litigation in which a minor is a party, with the

exception of the paper administrative records in Social Security cases filed

with the court, shall redact the minor child’s name from all documents filed

with the court. If the name of the minor must be included in a document,

including the caption, only the initials of the child should be used.

Provenance

Source
www.nced.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
8ecc1ed19aaa1f6e51bdf29cc95a029d411ea84e1473cc99930845ccf79f635c
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