§560:1-302 - Subject matter jurisdiction.
§560:1-302 Subject matter jurisdiction.
(a) To the full extent permitted by the Constitution and except as otherwise
provided by law, the court has jurisdiction over all subject matter relating
to:
(1) Estates of decedents, including construction of wills
and determination of heirs and successors of decedents, and estates of
protected persons;
(2) Protection of minors and incapacitated persons;
and
(3) Trusts.
(b) The court has full power to make orders,
judgments and decrees and take all other action necessary and proper to
administer justice in the matters which come before it.
(c) The court has jurisdiction over protective
proceedings and the family court has jurisdiction over guardianship
proceedings.
(d) Where protective and guardianship proceedings
relating to the same person have been initiated, they may be consolidated in
the court or in the family court as the court and the family court in the
exercise of their discretion shall determine. [L 1996, c 288, pt of §1]
Rules of Court
Consolidation of proceedings, see HPR rule 14.
Case Notes
Family court had subject matter jurisdiction to issue
temporary restraining order under subsection (b), §§571-8.5, and 560:5-106(2)
and (3) where resolution of ward's capacity was required to be resolved, and an
apparent threat of ward's removal from the court's jurisdiction was alleged.
113 H. 211, 151 P.3d 692.