Adjournments
Court-wide
Communication
Phone
Court-wideClerk
Document Filing Requirements11 rules
the minor’s next friend must be appointed by court order prior to, or at the time of, the filing of the suit.
Before a hearing can be scheduled, counsel must deliver a letter to the Division Clerk containing the listed information about the minor, claims, medical care and expenses, settlement, insurance, and any parent payment.
Court's wording
Before a hearing can be scheduled, a letter from counsel must be delivered to the Division Clerk which includes the following: a) the current age of the minor; b) a description of the cause of action and the underlying facts; c) a description of the injuries or damages suffered by the minor; d) a statement as to whether or not the minor has been released from medical care as a result of injuries arising from the instant case; e) If the minor is going to need future medical care, please describe the future care (both in the near and distance future); f) The aggregate medical expenses to date and an estimate as to whether or not medical expenses will arise in the future; g) Whether all, or part, of any medical expenses are expected to be paid from the settlement sums, or whether payment has been received from some other source which will or will not be seeking subrogation or reimbursement; h) Whether there are other claimants against the same policies, if liability insurance is involved; i) The gross amount of the settlement and the amount of attorney’s fees requested, and the amount and nature of the expenses to be deducted from the settlement; (Reminder: contingent fees agreements must be in writing); j) Whether the parents intend to receive a portion of a settlement of any claims that they may have as a result of the injury to their child, and, if so, the terms of the parent’s settlement. Justification of payment to a parent is required. Caution: The minor child’s share of the settlement cannot be paid directly into the hands of a parent or guardian. See the comments about the need for a conservator estate or a restricted deposit account set forth below
Applications to establish a conservator estate must be filed with the Probate Court in the County where the minor child resides.
Reminder: contingent fees agreements must be in writing
The proposed judgment shall include an order requiring the Next friend to file proof of UTMA deposit with the Court within a reasonable time after judgment entry.
Counsel must be prepared to make a record explaining to the Court why the minor will not need access to money for injuries or treatment during the time period before the annuity begins payment.
An annuity need not pay out to the minor at age 18, but the hearing record must state whether it can pay out or distribute to the child then and confirm that all parties, including defendants, know the contract may or may not become voidable when the child turns 18.
Court's wording
This Court does not require that an annuity contract pay out to the minor upon age 18, however, the Court does require that a record shall be made at the hearing for approval of a minor settlement that (1) discloses whether the annuity contract is capable of paying out or distributing to the child at age 18; and (2) confirming that all parties, including defendants, are aware that annuity contracts entered into by a guardian, conservator, or next friend may or may not become voidable when the child becomes 18.
In addition, please complete Form A relating to friendly suits.
Counsel should present information about the UTMA settlement disbursement and account at the hearing.
Court's wording
For example, the disbursement of settlement funds by check has to be made payable to the child pursuant to the UTMA and placed in a UTMA account with a qualified bank. This information should be presented at the hearing.
A detailed record regarding the intended UTMA account should be made at the time of the hearing to approve the settlement.
Are the proposed Annuity Documents and particulars Filed with the Court. (Recommended)
Filing & Service rules
Filing Timing and Cure Windows
The Next friend must file proof of the UTMA deposit with the Court within a reasonable time after judgment entry, as ordered in the proposed judgment.
The proposed judgment shall include an order requiring the Next friend to file proof of UTMA deposit with the Court within a reasonable time after judgment entry.
Civil cases
Page 3 | Restricted deposit, UTMA Accounts, or Special Needs Trusts in lieu of a conservator estate
The application and a proposed judgment should be filed at least FIVE DAYS before the proposed hearing.
The application and a proposed judgment should be filed at least FIVE DAYS before the proposed hearing.
Civil cases
Page 2 | Application and Proposed Judgment; Hearing Scheduling
Chambers Communication Rules
Hearings are typically set for Wednesday mornings at 9:00 A.M.; coordinate with opposing counsel and the division clerk before setting a hearing.
Hearings for these types of cases are typically set for Wednesday mornings at 9:00 A.M., but please coordinate with the opposing counsel and the division clerk before setting.
Civil cases
Page 2 | Application and Proposed Judgment; Hearing Scheduling
Attorneys may schedule a conference call to facilitate settlement when a case presents an unusual problem.
If a case presents an unusual problem, please do not hesitate to schedule a conference call (attorneys only) to facilitate the settlement.
Civil cases
Page 4 | Client Advice and Unusual Problems