Rhode Island General Laws 33-23-10. Assignment for hearing
(a) The appellant may, in the reasons of appeal, claim a trial by jury of any factual dispute or issue raised in his or her reasons of appeal. Any interested person may, within twenty (20) days after service of notice of the probate appeal, claim a trial by jury of any factual dispute raised in the appeal.
Terms Used In Rhode Island General Laws 33-23-10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) If the probate appeal raises a genuine issue of material fact, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the continuous non-jury trial calendar or jury trial calendar, as claimed pursuant to § 33-23-10(a).
(c) If the probate appeal can be decided as a matter of law, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the formal and special cause calendar where a briefing schedule shall be established and the matter further assigned to a justice of the superior court for decision based upon the record and the briefs submitted. The justice assigned may request or permit oral argument.
History of Section.
C.P.A. 1905, § 799; G.L. 1909, ch. 311, § 4; G.L. 1923, ch. 362, § 4; G.L. 1938, ch. 573, § 4; G.L. 1956, § 33-23-10; P.L. 1996, ch. 110, § 13.