Ohio R. Superi. Ct. 68

As amended through October 15, 2024

Rule 68 - Settlement of Injury Claims of Minors

(A) An application for settlement of a minor's claim shall be brought by the guardian of the estate. If there is no guardian appointed and the court dispenses with the need for a guardian, the application shall be brought by the parents of the child or the parent or other individual having custody of the child. The noncustodial parent or parents shall be entitled to seven days notice of the application to settle the minor's claim which notice may be waived. The application shall be captioned in the name of the minor.

(B) The application shall be accompanied by a current statement of an examining physician in respect to the injuries sustained, the extent of recovery, and the permanency of any injuries. The application shall state what additional consideration, if any, is being paid to persons other than the minor as a result of the incident causing the injury to the minor. The application shall state what arrangement, if any, has been made with respect to counsel fees. Counsel fees shall be subject to approval by the court.

(C) The injured minor and the applicant shall be present at the hearing.

Ohio. R. Superi. Ct. 68

Commentary (October 1, 1997)

This rule is analogous to former C.P. Sup. R. 36 and 37. Former C.P. Sup. R. 36 and 37 dealt with claims to minors and bifurcated the claims into claims brought by the guardian and claims of less than $10,000 where there was no guardian. The former rules were virtually identical and thus the issues relating to minors have been consolidated into Sup. R. 68 to avoid duplication.

Division (A) has been amended to incorporate the provisions of former C.P. Sup. R. 37(A). In addition, the rule has been amended to require notice to the parents of the minor regardless of their county of residence and to increase the notice time requirement to the parents from three days to seven days in order that the notice is more meaningful.

Division (B) has been amended to provide that the statement of the examining physician is mandatory as opposed to discretionary. Former C.P. Sup. R. 36(D) and (E) have been consolidated into division (B)

Division (C) has been amended to make the applicant's and the minor's appearance at the hearing mandatory. This is to comply with prevailing local practice where the court wishes to view the minor in order to evaluate the nature of the injuries. Pursuant to Sup. R. 76, the court has the ability to waive the appearance of the minor for good cause.