TITLE 33
Probate practice and procedure

CHAPTER 33-22
Practice in Probate Courts

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 of Evidence adopted by the supreme court, may be used as a guide, but need not be followed, for the admission or exclusion of evidence.

(b) In all contested matters, the Rhode Island Rules of Evidence shall be applied; provided, however, that this section shall not prohibit parties from stipulating or waiving the requirements of the Rules of Evidence as to any particular matter.

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

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

History of Section.
(P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.)