2006 New York Code - Settlement Procedure; Papers; Representation.

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