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
Unless otherwise 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.
Unless otherwise ordered,
the same procedure will be followed as near as may be in settlements involving
incompetents and personal representatives of deceased persons.