As amended through January 4, 2024
Rule L2206 - Settlement Compromise, Discontinuance And Judgment(1) Court approval of settlements in wrongful death cases shall be required only where a minor or incapacitated person has an interest.(2) Motions for Settlement of a case in which a minor or incapacitated person has an interest shall be filed and served pursuant to Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).(3) The petition shall:(A) Set forth the factual circumstances of the case;(B) State the reasons why the settlement is a reasonable one;(C) Be accompanied by the following:(1) A proposed order approving the settlement and allocation between wrongful death and survival; the proposed order shall comply substantially with the prescribed format in Form A.(2) A statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion;(3) A statement setting forth the proposed allocation between wrongful death and survival actions and the amount proposed to be allocated to each beneficiary;(4) A statement clearly identifying those parties believed to be beneficiaries under each of the actions, attaching a copy of the will of the decedent, if any;(5) A statement setting forth the following:(a) The time between the injury and death;(b) Whether or not the decedent was conscious, and the circumstances prior to his or her death;(c) The amount of the medical and funeral bills;(d) The amount of the decedent's wage loss; and(e) The age, employment and any other circumstances of any potential beneficiaries under the Wrongful Death Act.(6) A certification of service of notice and a copy of the petition to all parties with a possible interest, together with a list of those persons notified.(7) A letter from the Department of Revenue stating either their approval or objection to the proposed settlement.Click here to view image