Sunday, March 8, 2015

SECTION 1-304. PRACTICE IN COURT. Uniform Probate Code

SECTION 1-304. PRACTICE IN COURT. Uniform Probate Code
 Unless specifically provided to the contrary in this [code] or unless inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this [code].
SECTION 1-305. RECORDS AND CERTIFIED COPIES. The [Clerk of Court] shall keep a record for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this [code], including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the Registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
(a) If duly demanded, a party is entitled to trial by jury in [a formal testacy proceeding and] any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court

in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
ECTION 1-307. REGISTRAR; POWERS. The acts and orders which this [code] specifies as performable by the Registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court.
SECTION 1-308. APPEALS. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to the [Supreme Court] in equity cases from the [court of general jurisdiction], except that in proceedings where jury trial has been had as a matter of right, the rules applicable to the scope of review in jury cases apply.
SECTION 1-309. QUALIFICATIONS OF JUDGE. A judge of the court must have the same qualifications as a judge of the [court of general jurisdiction].
In Article VIII, Section 8-101 on transition from old law to new law provision is made for the continuation in service of a sitting judge not qualified for initial selection. 

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