Free Friendly Settlement Judgment - Special Civil Part - New Jersey

[Revised Form of Judgment Promulgated by Directive # 9-08 (May 19, 2008).]

_______________________, Guardian ad Litem,

a

minor

by

his/her and

SUPERIOR COURT OF NEW JERSEY LAW DIVISION - ___________ COUNTY SPECIAL CIVIL PART Docket No. __________________ CIVIL ACTION

_________________

__________________, individually, Plaintiff(s), vs. ___________________________, Defendant(s).

JUDGMENT APPROVING MINOR'S SETTLEMENT AND DIRECTING THE [DEPOSIT] [INVESTMENT] OF FUNDS

This matter having come before the Court in accordance with R.4:44-3 on ________________ [insert hearing date], and _____________________________ , attorney for the plaintiff, and ________________________, attorney for the defendant, appearing, and the attorneys for the parties having reported to the court that they have arrived at a settlement of the minor plaintiff's claim between the plaintiff and the defendant(s), and the Court having reviewed the physician reports and taken proofs on the record concerning the minor's injuries, disabilities and medical expenses and being satisfied that the settlement amount(s) is/are fair and reasonable and in the minor's best interest. IT IS on this _______ day of _______________, 20__, ORDERED and ADJUDGED that: 1. Litem, in Judgment is entered on behalf of _________________, a minor by his/her Guardian ad the gross amount of $_________________ against the defendant(s)

______________________________ without costs and/or interest. 2. The following deductions shall be made from the gross settlement and paid by the

defendant(s) in separate drafts as follows: a. $_______________ to be paid to the plaintiff's attorney(s) which reimburses $_____________ for actual disbursements, costs and expenses and satisfies the attorneys' contingent fees of $____________; and

Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English (scp)

page 1 of 4

b.

$________________ for medical bills from the minor's recovery to be paid as follows: Payee Amount _______________________________ _______________________________ _______________________________ $ ____________________ $ ____________________ $ ____________________

3.

[Insert the Guardian ad Litem's name] shall immediately apply to the Surrogate of
[EN1]

_____________ County minor.
[EN2]

pursuant to R. 4:81 for the appointment of a guardian of the estate of the

It shall be the responsibility of the attorney for the plaintiff to see that this appointment is

completed. ALTERNATIVE 1 -- DEPOSIT NET FUNDS WITH SURROGATE -STRIKE OUT IF NOT APPLICABLE

4.

Pursuant to R. 4:48A the net recovery of $_______________, payable for the benefit of

the minor plaintiff, shall be paid by or on behalf of the defendant(s) by check payable to the "Surrogate of ___________ County Intermingled Trust Fund F/B/O of [insert minor's name], a minor," within ____ days of this Judgment. It is and shall be the responsibility of the attorney for the plaintiff to see that this deposit is completed. 5. Upon payment of the minor's net recovery into the Surrogates' Intermingled Trust Fund,

the posting of a bond by the person applying to be guardian of the minor's estate is dispensed with pursuant to N.J.S.A. 3B:15-16. 6. Monies may be withdrawn from said account only upon further order of the Superior

Court of New Jersey, Chancery Division, Probate Part, pursuant to N.J.S.A. 3B:15-17, or upon the minor attaining majority pursuant to N.J.S.A. 3B:15-17.l. 7. The Guardian ad Litem shall provide the Surrogate with the minor's Social Security

Number and a copy of the minor's birth certificate. Personal identifying information shall be redacted from said documents and the same shall not be released to or made available for public scrutiny unless ordered to do so by the Superior Court.

Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English (scp)

page 2 of 4

ALTERNATIVE 2 -- GUARDIAN CONTROLS AND INVESTS NET FUNDS - STRIKE OUT IF NOT APPLICABLE

4.

The guardian of the minor's estate, shall qualify according to law, and shall, as a

condition of qualifying, enter into a surety bond unto the Superior Court of New Jersey in the amount of $_____________, which bond shall contain the conditions set forth N.J.S.A. 3B:15-7 and R. 1:13-3. The bond shall be approved by the court as to form and sufficiency. 5. Pursuant to R. 4:44 the minor's net recovery of $________________ shall be paid by or

on behalf of the defendant(s) by check payable to the duly qualified guardian of the estate of __________________, a minor. 6. The defendant(s) shall immediately make payment to the guardian of the minor's estate

upon receiving proof that the Letters of Guardianship have been issued by the Surrogate. 7. Upon qualifying, the guardian of the minor's estate be and hereby is authorized to invest

and reinvest the minor's settlement estate in such investments as the guardian of the estate deems advisable and prudent, subject, however, to all limitations or restrictions concerning the investment, use or expenditure of funds held by fiduciaries that are now in force or that may be hereafter established, and subject further to the duty of the guardian of the minor's estate to deliver the estate to the minor upon his/her attaining majority, or to his/her estate should the minor die before reaching his/her majority. INCLUDED IN ALL ORDERS, REGARDLESS OF WHETHER ALTERNATIVE 1 OR 2 IS CHOSEN

8.

The guardian of the minor's estate is not authorized to receive any additional funds or

property on behalf of the minor, except upon application to the Superior Court, Chancery Division, Probate Part, where the terms or conditions for the receipt of additional funds or property may be fixed. Pursuant to N.J.S.A. 3B:12-37, said limitation shall be stated in the Letter of Guardianship certificates hereinafter issued by the Surrogate. 9. Upon qualifying, the Surrogate of __________________ County shall issue Letters of

Guardianship for the Estate of __________, a minor, and thereupon said person appointed guardian be

Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English (scp)

page 3 of 4

and hereby is authorized to perform all the duties and responsibilities of a guardian as allowed by law, except as limited herein. 10. The attorney for the plaintiff shall deliver a copy of this Judgment to all parties and the

Surrogate of _____________ County within ____ days of the date hereof.

INSERT IF PARENT''S CLAIM IS SIMULTANEOUSLY SETTLED -STRIKE OUT IF NOT APPLICABLE

11.

Judgment is hereby entered in favor of __________________, individually in the sum of

______________, from which fees and costs of $ ________________ are to be deducted and paid. _______________________________ J.S.C.

END NOTES
[EN1] Insert and use the county where the minor resides, if different from the county in which the litigation is being pursued. [EN2] This order does not pre-determine the guardian of the minor's estate. The guardian ad litem is directed to initiate the guardianship process. However, someone other than the guardian ad litem could be the guardian nominee. NOTE: Alternative 1, Paragraph 7 provision concerning redacting the social security number and birth certificate personal information conflicts with Rule 1:38 as currently promulgated. Administrative Directive 8-07, Public Access to Surrogates' Judiciary Records, authorizes Surrogates to redact social security numbers and bank account information from Surrogate Intermingled Trust Funds records before giving public access to a minor's SITF file.

[Revised Form of Judgment Promulgated by Directive # 9-08 (May 19, 2008).]

Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English (scp)

page 4 of 4