43 CFR 30.113 – What will OHA do if it receives an incomplete probate file?
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If OHA determines that the probate file received from the agency is incomplete or lacks the certification described in 25 CFR 15.204, OHA may do any of the following:
Terms Used In 43 CFR 30.113
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Probate: Proving a will
- Subpoena: A command to a witness to appear and give testimony.
(a) Request the missing information from the agency;
(b) Dismiss the case and return the probate file to the agency for further processing;
(c) Issue a subpoena, interrogatories, or requests for production of documents as appropriate to obtain the missing information; or
(d) Proceed with a hearing in the case.