§ 1208 — Settlement procedure; papers; representation

New York § 1208

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 12: Infants, Incompetents and Conservatees

Text

Rule 1208. Settlement procedure; papers; representation.\n (a) Affidavit of infant's or incompetent's representative. An\naffidavit of the infant's or incompetent's representative shall be\nincluded in the supporting papers and shall state:\n 1. his name, residence and relationship to the infant or incompetent;\n 2. the name, age and residence of the infant or incompetent;\n 3. the circumstances giving rise to the action or claim;\n 4. the nature and extent of the damages sustained by the infant or\nincompetent, and if the action or claim is for damages for personal\ninjuries to the infant or incompetent, the name of each physician who\nattended or treated the infant or incompetent or who was consulted, the\nmedical expenses, the period of disability, the amount of wages lost,\nand the present physical condition of the infant or incompetent;\n 5. the terms and proposed distribution of the settlement and his\napproval of both;\n 6. the facts surrounding any other motion or petition for settlement\nof the same claim, of an action to recover on the same claim or of the\nsame action;\n 7. whether reimbursement for medical or other expenses has been\nreceived from any source; and\n 8. whether the infant's or incompetent's representative or any member\nof the infant's or incompetent's family has made a claim for damages\nalleged to have been suffered as a result of the same occurrence giving\nrise to the infant's or incompetent's claim and, if so, the amount paid\nor to be paid in settlement of such claim or if such claim has not been\nsettled the reasons therefor.\n (b) Affidavit of attorney. If the infant or incompetent or his\nrepresentative is represented by an attorney, an affidavit of the\nattorney shall be included in the supporting papers and shall state:\n 1. his reasons for recommending the settlement;\n 2. that directly or indirectly he has neither become concerned in the\nsettlement at the instance of a party or person opposing, or with\ninterests adverse to, the infant or incompetent nor received nor will\nreceive any compensation from such party, and whether or not he has\nrepresented or now represents any other person asserting a claim arising\nfrom the same occurrence; and\n 3. the services rendered by him.\n (c) Medical or hospital report. If the action or claim is for damages\nfor personal injuries to the infant or incompetent, one or more medical\nor hospital reports, which need not be verified, shall be included in\nthe supporting papers.\n (d) Appearance before court. On the hearing, the moving party or\npetitioner, the infant or incompetent, and his attorney shall attend\nbefore the court unless attendance is excused for good cause.\n (e) Representation. No attorney having or representing any interest\nconflicting with that of an infant or incompetent may represent the\ninfant or incompetent.\n (f) Preparation of papers by attorney for adverse party. If the infant\nor incompetent is not represented by an attorney the papers may be\nprepared by the attorney for an adverse party or person and shall state\nthat fact.\n