CHAPTER 11
ACTIONS INVOLVING MINORS,
INCAPACITATED PERSONS,
OR WRONGFUL DEATH CLAIMS
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11.1 |
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The rules for obtaining
approval for litigation settlements involving minors, incapacitated persons
or wrongful death and survival actions are set forth in Pennsylvania Rules
of Civil Procedure 2039, 2064 and 2206. The local Philadelphia rules,
procedures and forms are contained in Joint General Court Regulation Trial
Division and Orphans' Court Division No. 97-1 ("Joint Court Regulation
97-1") and Local Phila. R. Civ. P. Nos. 2039.1, 2039.2 and 2206. Note:
Joint Court Regulation 97-1 specifically states that to the extent that
local rules 2039.1, 2039.2 and 2206 differ from the terms of the Regulation,
Joint Court Regulation 97-1 governs and the contrary provisions of the
local rules are rescinded. The following forms are modeled after the forms
in Joint General Court Regulation No. 97-1. There are currently no local
rules governing special needs trusts.
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As this book goes to print it is expected that the Court may repeal Joint Court Regulation 97-1 and replace it with another Regulation. Check the most recent rules whenever preparing any Petition or other document under this Chapter. |