R 1208.Settlement procedure; papers; representation
Article 12. Infants, Incompetents and Conservatees · Last amended 1968 · Last verified July 21, 2026
In one sentenceCPLR 1208 lists the sworn papers a New York court needs to approve a settlement for a child or an incompetent person: affidavits from the representative and the attorney, medical reports for injury claims, and a personal appearance at the hearing.
(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.
Plain-English Summary
Getting a settlement approved under CPLR 1207 means putting together a specific set of papers. The representative's affidavit has to cover a lot of ground: their relationship to the child or incompetent person, the circumstances behind the claim, the injuries and damages involved (including treating physicians, medical bills, lost wages, and current condition, if it's a personal injury case), the proposed settlement terms and the representative's approval of them, any other pending motions on the same claim, any reimbursement already received, and whether a family member has a related claim from the same event.
If an attorney represents the child or incompetent person, that attorney files a separate affidavit explaining the reasons for recommending the settlement, confirming there's no conflicting interest or payment from the other side, and describing the services performed. Personal injury claims also need medical or hospital reports, which don't have to be sworn.
The moving party or petitioner, the child or incompetent person, and the attorney all have to appear at the hearing, unless the court excuses attendance for good cause. No attorney with a conflicting interest can represent the child or incompetent person, and if that person has no attorney, the opposing side's lawyer may prepare the settlement papers, but the papers have to say so.
Frequently Asked Questions
What papers do I need to settle a child's lawsuit in New York?
An affidavit from the child's representative describing the claim, damages, and settlement terms, an attorney's affidavit if one represents the child, and medical reports for a personal injury claim.
Do I have to appear in court to settle a claim for my child?
Yes, along with the child and the attorney, unless the court excuses attendance for good cause.
Can the other side's lawyer prepare my child's settlement papers?
Yes, if the child has no attorney of their own, but the papers must disclose that the opposing party's attorney prepared them.
What does the attorney's affidavit have to say in a child's settlement?
It must explain the reasons for recommending the settlement, confirm the attorney has no conflicting interest or payment from the other side, and describe the services the attorney performed.
Are medical records required to settle a child's injury claim?
Yes, if the claim is for personal injuries. The supporting papers must include medical or hospital reports, though they don't need to be sworn.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 1201 under subheading “Settlement of claims.”).
Subds (a), (b) and (c) are derived from subparagraphs 4 through 8 of RCP 294. The second sentence of subparagraph 1 of rule 294, stating that a full examination may be made into the proposed settlement, has been omitted; the court always possesses this power. Paragraph 9 of subdivision a is new. It is desirable for the court to know whether reimbursement for medical or other expenses has been received from any other source. In a substantial number of instances today the parent has insurance which covers medical expenses and there is no reason to permit withdrawal of the infant’s funds for such purpose. The requirements of paragraph 2 of subdivision b have been made more specific to insure that there is no conflict of interest.
Subd (d) is derived from the first two sentences of subparagraph 3 of RCP 294. The last sentence has been omitted since the court may always require further documents and information.
Subd (e) is taken verbatim from the first sentence of subparagraph 1 of RCP 294 and subd (f) is derived from subparagraph 2 of rule 294. The requirement that there be a full examination into the proposed settlement when the papers are prepared by the attorney for an adverse party is omitted. A court will look more closely at such a settlement without such a statement.
Amendment History
Add, L 1962, ch 308; amd, L 1964, ch 195, § 1; L 1967, ch 578, § 1; L 1968, ch 844, § 4, eff Sept 1, 1968.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as:infant settlement affidavit New Yorkpapers needed to settle a minor's claim NYattorney affidavit infant settlementsettlement hearing appearance infant New Yorkmedical reports child injury settlement