Any settlement of a claim by or against a person under a
disability, which includes a minor, requires court approval
pursuant to rule 7.08 of the Rules of Civil Procedure.
If the settlement occurs before a lawsuit is commenced, approval
of a judge has to be sought by an application in writing.
Otherwise, court approval is sought by a motion made in
writing.
Court approval is not a “rubber stamp”. Most
judges undertake a detailed review of the motion materials.
The onus is on counsel for the party under disability to satisfy
the court through the evidence filed on the motion or application
that the proposed settlement is reasonable and is in the best
interests of the party under a disability.
