Unif. R. Ch. Ct. 909

(a) No action to which a minor or incompetent person is a party or claim

belonging to a minor or incompetent person shall be compromised, settled or

discontinued except after approval by the court pursuant to a petition

presented by the representative of the minor or incompetent person. The

petition shall be filed in the court in which the action is pending or it may be

filed in a conservatorship matter.

(i) The petition shall disclose the age and sex of the minor or incompetent

person, the nature of the causes of action to be settled or compromised, the

facts and circumstances out of which the causes of action arose, including the

time, place and persons involved, the manner in which the compromise

amount or other consideration was determined, including such additional

information as may be required to enable the court to determine the fairness

of the settlement or compromise. The representative shall submit a succinct

statement of the medical issues involved. The court, on motion of any

interested party, or on its own motion, may direct that reports of physicians

or other similar experts that have been prepared shall be provided to the

court. The court may also require the filing of experts’ reports when none

have previously been prepared or additional experts’ reports if appropriate

under the circumstances. Reports protected by an evidentiary privilege may

be submitted in a sealed condition to be reviewed only by the court in

camera, with notice of such submission to all parties.

(ii) When the minor or incompetent person is represented by an attorney,

it shall be disclosed to the court by whom and the terms under which the

attorney was employed; whether the attorney became involved in the

petition at the instance of the party against whom the causes of action are

asserted, directly or indirectly; whether the attorney stands in any relationship to that party; and whether the attorney has received or expects to

receive any compensation, from whom, and the amount.

(iii) Upon the hearing of the petition, the representative compromising

the claim on behalf of the minor or incompetent person shall be in

attendance. The court, for good cause shown, may require that the minor or

incompetent person shall be in attendance. The court may require the

testimony of any appropriate expert, as well as the submission of other

evidence relating to the petition.

(iv) A copy of the petition and all supporting documents filed in connection

therewith shall be filed in the chancery court with a copy to all parties and

to the judge who may either approve the settlement or compromise without

hearing or calendar the matter for hearing.

(v) The court shall determine that the following have been carefully

considered by the representative:

(1) whether the proposed settlement was fairly and honestly negotiated;

(2) whether serious questions of law and fact exist, placing the ultimate

outcome of the litigation in doubt;

(3) whether the value of an immediate recovery outweighs the mere

possibility of future relief after protracted and expensive litigation; and

(4) the judgment of the parties that the settlement is fair and reasonable.

(b) 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 representative or any party to the action, shall make an

order approving or disapproving any agreement entered into by the representative 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 balance of the fund shall be paid to a conservatorship of the estate of the

minor, or incompetent person, qualified to receive the fund, if the minor has

one or one is to be appointed.

(c) When a judgment has been entered in favor of a minor plaintiff and no

petition has been filed under the provisions of subdivision (b) of this rule, the

amount of the judgment or any part thereof shall be paid only to the

representative of the minor qualified to receive the fund.

(d) Nothing contained in this rule shall prevent the payment into court of

any money by the defendant.