[Revised Form of Judgment Promulgated by
Directive # 9-08 (May 19, 2008).]
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - ___________ COUNTY
_______________________, a minor by his/her
Guardian ad Litem, _________________ and
__________________, individually,
Plaintiff(s),
vs.
___________________________,
Defendant(s).
Docket No. __________________
CIVIL ACTION
JUDGMENT APPROVING MINOR’S
SETTLEMENT AND DIRECTING THE [DEPOSIT]
[INVESTMENT] OF FUNDS
This matter having come before the Court in accordance with R.4:44-3 on ________________
[insert hearing date], and _____________________________ , attorney for the plaintiff, and
________________________, attorney for the defendant, appearing, and the attorneys for the parties
having reported to the court that they have arrived at a settlement of the minor plaintiff’s claim between
the plaintiff and the defendant(s), and the Court having reviewed the physician reports and taken proofs
on the record concerning the minor’s injuries, disabilities and medical expenses and being satisfied that
the settlement amount(s) is/are fair and reasonable and in the minor’s best interest.
IT IS on this _______ day of _______________, 20__, ORDERED and ADJUDGED that:
1. Judgment is entered on behalf of _________________, a minor by his/her Guardian ad
Litem, in the gross amount of $_________________ against the defendant(s)
______________________________ without costs and/or interest.
2. The following deductions shall be made from the gross settlement and paid by the
defendant(s) in separate drafts as follows:
a. $_______________ to be paid to the plaintiff’s attorney(s) which reimburses
$_____________ for actual disbursements, costs and expenses and satisfies the attorneys’
contingent fees of $____________; and
Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English page 1 of 4
b. $________________ for medical bills from the minor’s recovery to be paid as follows:
Payee
Amount
_______________________________ $ ____________________
_______________________________ $ ____________________
_______________________________ $ ____________________
3. [Insert the Guardian ad Litem’s name] shall immediately apply to the Surrogate of
_____________ County [EN1] pursuant to R. 4:81 for the appointment of a guardian of the estate of the
minor. [EN2] It shall be the responsibility of the attorney for the plaintiff to see that this appointment is
completed.
ALTERNATIVE 1 -- DEPOSIT NET FUNDS WITH SURROGATE
-STRIKE OUT IF NOT APPLICABLE
4. Pursuant to R. 4:48A the net recovery of $_______________, payable for the benefit of
the minor plaintiff, shall be paid by or on behalf of the defendant(s) by check payable to the “Surrogate of
___________ County Intermingled Trust Fund F/B/O of [insert minor’s name], a minor,” within ____
days of this Judgment. It is and shall be the responsibility of the attorney for the plaintiff to see that this
deposit is completed.
5. Upon payment of the minor’s net recovery into the Surrogates’ Intermingled Trust Fund,
the posting of a bond by the person applying to be guardian of the minor’s estate is dispensed with
pursuant to N.J.S.A. 3B:15-16.
6. Monies may be withdrawn from said account only upon further order of the Superior
Court of New Jersey, Chancery Division, Probate Part, pursuant to N.J.S.A. 3B:15-17, or upon the minor
attaining majority pursuant to N.J.S.A. 3B:15-17.l.
7. The Guardian ad Litem shall provide the Surrogate with the minor’s Social Security
Number and a copy of the minor’s birth certificate. Personal identifying information shall be redacted
from said documents and the same shall not be released to or made available for public scrutiny unless
ordered to do so by the Superior Court.
Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English page 2 of 4
ALTERNATIVE 2 -- GUARDIAN CONTROLS AND INVESTS NET FUNDS
- STRIKE OUT IF NOT APPLICABLE
4. The guardian of the minor’s estate, shall qualify according to law, and shall, as a
condition of qualifying, enter into a surety bond unto the Superior Court of New Jersey in the amount of
$_____________, which bond shall contain the conditions set forth N.J.S.A. 3B:15-7 and R. 1:13-3. The
bond shall be approved by the court as to form and sufficiency.
5. Pursuant to R. 4:44 the minor’s net recovery of $________________ shall be paid by or
on behalf of the defendant(s) by check payable to the duly qualified guardian of the estate of
__________________, a minor.
6. The defendant(s) shall immediately make payment to the guardian of the minor’s estate
upon receiving proof that the Letters of Guardianship have been issued by the Surrogate.
7. Upon qualifying, the guardian of the minor’s estate be and hereby is authorized to invest
and reinvest the minor’s settlement estate in such investments as the guardian of the estate deems
advisable and prudent, subject, however, to all limitations or restrictions concerning the investment, use
or expenditure of funds held by fiduciaries that are now in force or that may be hereafter established, and
subject further to the duty of the guardian of the minor’s estate to deliver the estate to the minor upon
his/her attaining majority, or to his/her estate should the minor die before reaching his/her majority.
INCLUDED IN ALL ORDERS, REGARDLESS OF WHETHER
ALTERNATIVE 1 OR 2 IS CHOSEN
8. The guardian of the minor’s estate is not authorized to receive any additional funds or
property on behalf of the minor, except upon application to the Superior Court, Chancery Division,
Probate Part, where the terms or conditions for the receipt of additional funds or property may be fixed.
Pursuant to N.J.S.A. 3B:12-37, said limitation shall be stated in the Letter of Guardianship certificates
hereinafter issued by the Surrogate.
9. Upon qualifying, the Surrogate of __________________ County shall issue Letters of
Guardianship for the Estate of __________, a minor, and thereupon said person appointed guardian be
Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English page 3 of 4
Promulgated by Directive # 9-08 (05/19/2008), CN 10520-English page 4 of 4
and hereby is authorized to perform all the duties and responsibilities of a guardian as allowed by law,
except as limited herein.
10. The attorney for the plaintiff shall deliver a copy of this Judgment to all parties and the
Surrogate of _____________ County within ____ days of the date hereof.
INSERT IF PARENT’’S CLAIM IS SIMULTANEOUSLY SETTLED
-STRIKE OUT IF NOT APPLICABLE
11. Judgment is hereby entered in favor of __________________, individually in the sum of
______________, from which fees and costs of $ ________________ are to be deducted and paid.
_______________________________
J.S.C.
END NOTES
[EN1] Insert and use the county where the minor resides, if different from the county in which the litigation is being
pursued.
[EN2] This order does not pre-determine the guardian of the minor’s estate. The guardian ad litem is directed to
initiate the guardianship process. However, someone other than the guardian ad litem could be the guardian
nominee.
NOTE: Alternative 1, Paragraph 7 provision concerning redacting the social security number and birth certificate
personal information conflicts with Rule 1:38 as currently promulgated. Administrative Directive 8-07, Public
Access to Surrogates’ Judiciary Records, authorizes Surrogates to redact social security numbers and bank account
information from Surrogate Intermingled Trust Funds records before giving public access to a minor’s SITF file.
[Revised Form of Judgment Promulgated by Directive # 9-08 (May 19, 2008).]
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