All proceedings to enter a judgment to consummate a settlement in matters involving minors and mentally incapacitated persons shall be heard by the court without a jury. The court shall determine whether the settlement is fair and reasonable as to its amount and terms. In the case of a structured settlement providing for deferral of all or part of the proceeds thereof, the court shall also satisfy itself, based on the financial security of the obligor or surety and such other relevant facts as may be adduced, of the reasonable certainty that all future payments will be made as proposed by the settlement. If the court approves the settlement it shall enter an order reciting the action taken and directing the appropriate judgment in accordance with R. 4:48A, whose provisions shall also apply to deferred payments under structured settlements. The court, on the request of the claimant or the claimant’s attorney or on its own motion, may approve the expenses incident to the litigation, including attorney’s fees. If the fees of the attorney representing the guardian ad litem are to be paid by the defendant, the defendant shall upon the court’s request make available to it defendant’s complete file in the action.
Rule 4:44-3.Hearing; order; expenses
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:44-3 has the court, without a jury, decide whether a minor's or incapacitated person's settlement is fair and reasonable, satisfy itself that a structured settlement's future payments are secure, and approve litigation expenses including attorney's fees.
Full Text of Rule 4:44-3
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(e). Amended July 7, 1971 to be effective September 13, 1971; amended May 3, 1988 to be effective immediately; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
A judge, not a jury, decides whether a settlement for a minor or incapacitated person is fair and reasonable in amount and terms. Where the settlement defers payments through a structured arrangement, the court also has to satisfy itself — based on the obligor's or surety's financial security and other relevant facts — that the future payments will be made.
Approving the deal means entering an order under Rule 4:48A, and the court may also approve the litigation expenses, including attorney's fees, either on request or on its own motion; if the defendant is paying the guardian ad litem's fees, that defendant must turn over its complete case file when the court asks.
Frequently Asked Questions
Does a jury decide whether a minor's settlement is fair in New Jersey?
No. The court alone hears the matter and determines whether the settlement is fair and reasonable in amount and terms.
What does the court check before approving a structured settlement?
The financial security of the obligor or surety and other relevant facts, to be reasonably certain the future payments will be made as proposed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:44-3). 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: structured settlement approvalfriendly hearing order