Medical testimony as to the injuries of a minor or mentally incapacitated person given in proceedings to obtain the approval of a settlement shall be that of the attending or consulting physician and may be submitted by affidavit unless the court, for good cause shown, permits the testimony of other medical experts or in its discretion requires the physician’s personal appearance.
Rule 4:44-2.Medical testimony
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:44-2 lets the medical testimony needed to approve a minor's or incapacitated person's settlement come from the treating or consulting physician by affidavit, unless the court requires more.
Full Text of Rule 4:44-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:56A(c); amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Approving a minor's or incapacitated person's settlement usually calls for some medical proof of the injuries. That proof comes from the attending or consulting physician and, ordinarily, may be submitted by affidavit rather than live testimony.
The court keeps the option to require more: for good cause, it may allow other medical experts to weigh in, or insist that the physician appear in person.
Frequently Asked Questions
Does a physician have to testify in person to approve a minor's settlement?
Not ordinarily. The physician's affidavit is enough unless the court, for good cause, requires personal appearance or permits other experts.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:44-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: medical proof for settlement approval