§ 33-22-19.2 - Hearings in probate courts – Evidence and discovery. - Rhode-island Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-22 > 33-22-19-2

SECTION 33-22-19.2

§ 33-22-19.2 Hearings in probate courts– Evidence and discovery. – (a) In uncontested matters and/or matters on waiver, the Rhode Island Rules ofEvidence adopted by the supreme court, may be used as a guide, but need not befollowed, for the admission or exclusion of evidence.

(b) In all contested matters, the Rhode Island Rules ofEvidence shall be applied; provided, however, that this section shall notprohibit parties from stipulating or waiving the requirements of the Rules ofEvidence as to any particular matter.

(c) In all contested matters, the Rhode Island Superior CourtRules of Civil Procedure may be applied. The probate court may limit the scopeof discovery to what is relevant to the contested issue before it and mayshorten or enlarge deadlines for compliance as the circumstances warrant.

(d) In all matters, the probate court shall have thejurisdiction and discretion to compel discovery, award costs and fees, imposesanctions and otherwise to enforce its orders consistent with Rule 37 of theRhode Island Superior Court Rules of Civil Procedure.

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-22 > 33-22-19-2

SECTION 33-22-19.2

§ 33-22-19.2 Hearings in probate courts– Evidence and discovery. – (a) In uncontested matters and/or matters on waiver, the Rhode Island Rules ofEvidence adopted by the supreme court, may be used as a guide, but need not befollowed, for the admission or exclusion of evidence.

(b) In all contested matters, the Rhode Island Rules ofEvidence shall be applied; provided, however, that this section shall notprohibit parties from stipulating or waiving the requirements of the Rules ofEvidence as to any particular matter.

(c) In all contested matters, the Rhode Island Superior CourtRules of Civil Procedure may be applied. The probate court may limit the scopeof discovery to what is relevant to the contested issue before it and mayshorten or enlarge deadlines for compliance as the circumstances warrant.

(d) In all matters, the probate court shall have thejurisdiction and discretion to compel discovery, award costs and fees, imposesanctions and otherwise to enforce its orders consistent with Rule 37 of theRhode Island Superior Court Rules of Civil Procedure.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-22 > 33-22-19-2

SECTION 33-22-19.2

§ 33-22-19.2 Hearings in probate courts– Evidence and discovery. – (a) In uncontested matters and/or matters on waiver, the Rhode Island Rules ofEvidence adopted by the supreme court, may be used as a guide, but need not befollowed, for the admission or exclusion of evidence.

(b) In all contested matters, the Rhode Island Rules ofEvidence shall be applied; provided, however, that this section shall notprohibit parties from stipulating or waiving the requirements of the Rules ofEvidence as to any particular matter.

(c) In all contested matters, the Rhode Island Superior CourtRules of Civil Procedure may be applied. The probate court may limit the scopeof discovery to what is relevant to the contested issue before it and mayshorten or enlarge deadlines for compliance as the circumstances warrant.

(d) In all matters, the probate court shall have thejurisdiction and discretion to compel discovery, award costs and fees, imposesanctions and otherwise to enforce its orders consistent with Rule 37 of theRhode Island Superior Court Rules of Civil Procedure.