Rules of Court · Part 4 · New Jersey
R. 4:44-3 New Jersey Rules of Court, R. 4:44-3: Hearing; Order; Expenses, rendered as code with every cross-reference linked
Hearing; Order; Expenses
All proceedings to enter a judgment to consummate a settlement in matters involving minors and mentally incapacitated persons shall be heard by the court without a jury. The court shall determine whether the settlement is fair and reasonable as to its amount and terms. In the case of a structured settlement providing for deferral of all or part of the proceeds thereof, the court shall also satisfy itself, based on the financial security of the obligor or surety and such other relevant facts as may be adduced, of the reasonable certainty that all future payments will be made as proposed by the settlement. If the court approves the settlement it shall enter an order reciting the action taken and directing the appropriate judgment in accordance with R. 4:48A, whose provisions shall also apply to deferred payments under structured settlements. The court, on the request of the claimant or the claimant’s attorney or on its own motion, may approve the expenses incident to the litigation, including attorney’s fees. If the fees of the attorney representing the guardian ad litem are to be paid by the defendant, the defendant shall upon the court’s request make available to it defendant’s complete file in the action.
Note: Source – R.R. 4:56A(e). Amended July 7, 1971 to be effective September 13, 1971; amended May 3, 1988 to be effective immediately; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:44-3 "Hearing; Order; Expenses" {
All proceedings to enter a judgment to consummate a settlement in matters involving minors and mentally incapacitated persons shall be heard by the court without a jury. The court shall determine whether the settlement is fair and reasonable as to its amount and terms. In the case of a structured settlement providing for deferral of all or part of the proceeds thereof, the court shall also satisfy itself, based on the financial security of the obligor or surety and such other relevant facts as may be adduced, of the reasonable certainty that all future payments will be made as proposed by the settlement. If the court approves the settlement it shall enter an order reciting the action taken and directing the appropriate judgment in accordance with R. 4:48A, whose provisions shall also apply to deferred payments under structured settlements. The court, on the request of the claimant or the claimant’s attorney or on its own motion, may approve the expenses incident to the litigation, including attorney’s fees. If the fees of the attorney representing the guardian ad litem are to be paid by the defendant, the defendant shall upon the court’s request make available to it defendant’s complete file in the action.
Note: Source – R.R. 4:56A(e). Amended July 7, 1971 to be effective September 13, 1971; amended May 3, 1988 to be effective immediately; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002.
}
referenced_by: 1:7-3
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02← R. 4:44-2 · chapter 4:44 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.