A: When a lawsuit is settled in New York, the attorneys who are bringing the lawsuit must provide an agreement known as a stipulation of discontinuance, to the lawyers who represent the people who have been sued. This document must then be signed by all the attorneys in the case which confirms that the case has been ended voluntarily.
In New York, this document must be filed in court together with a filing fee. It officially lets the court know that the case is over and they can close the court file.
In a wrongful death case or in a case involving a child, the attorneys are prohibited from filing this document until the court gives the lawyer official permission to go ahead and file it. There is a specific reason behind that.
In a death case and in a case involving a child, the court closely supervises any settlement since they carefully scrutinize whether or not the settlement is in the best interest of the child and the family.