The Administrative Board of the Courts is seeking public comment on a proposal recommended by the Surrogate’s Court Advisory Committee (SCAC) to amend the Uniform Rules for Surrogate’s Court (22 NYCRR § 207.38) to include additional persons authorized to review in camera disclosures of agreements affecting settlement recoveries.
Background: In 2025, Rule 207.38 for the Surrogate’s Court (and the parallel Rule 202.67 for Supreme and County Court) was amended to require an in camera submission of terms and documentation of interest or fees charged in connection with litigation financing agreements (LFAs). This disclosure applies to petitions for leave to compromise wrongful death actions and personal injury actions involving an infant or judicially-declared incapacitated person. Attorney financing agreements that affect only the attorney, with no impact on an infant distributee’s funds or obligations, are exempt.
The proposal: The SCAC now recommends amending Rule 207.38 to authorize the court to share these in camera submissions with:
- A guardian ad litem appointed to represent the infant’s interests
- Any party “objecting to the proposed allocation and/or distribution of such proceeds.”
The SCAC notes that guardians ad litem “perform an important function in the litigation process and are often called upon to investigate the particulars of a settlement and report to the court as to whether the settlement is in the best interests of the ward.” It similarly notes that objecting parties need access to this information “in order to fully articulate their arguments … and to knowingly enter into settlement agreements.”
A copy of the full request for public comment is available on the UCS website here.
Any comments on the proposal should be submitted by e-mail to rulecomments@nycourts.gov or write to: David Nocenti, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 10th Fl., New York, New York, 10004. Comments must be received no later than Friday, August 14, 2026.
