RULE 325 SETTLEMENT OF CASES INVOLVING MINORS,
INCOMPETENTS AND ESTATES OF DECEASED PERSONS.
Parties proposing to settle a judgment in favor of a minor shall submit a
motion to this court. The motion shall
(1) recite all the facts, (2) propose that a settlement will be entered by the
minor through a next friend, and (3) be signed by all the parties and their
ordered, this court shall order the judgment vacated and the case remanded to
the circuit court with directions to entertain a petition on behalf of the
guardian or next friend to settle the minor's claim. Also, this court will direct the circuit
court to hear such evidence as the parties may adduce on the proposed
settlement and proceed in accordance with §§ 507.182 - 507.188, RSMo 1986.
In the event the circuit
court does not approve the settlement, the judgment herein set aside shall be
reinstated as of the date of the original judgment. Further, the appeal shall be reinstated in
this court without prejudice to the parties' rights. Thereupon, the case shall be considered in
the same posture that it was at the time of remand.
ordered, the same procedure will be followed as near as may be in settlements
involving incompetents and personal representatives of deceased persons.
(Adopted eff. Jan. 1, 1995.)