§ 29-1-14-12 — Trial; pleading; dismissal

(a) When any claim is transferred for trial,
it shall not be necessary for the personal representative to plead any
matter by way of answer, except a set-off or counter-claim, to which the
plaintiff shall reply. If the personal representative pleads any other
matter by way of defense, the claimant shall reply thereto; the
sufficiency of the statement of the claim, or any subsequent pleading,
may be tested by appropriate pleadings, and if objection be made that
the assignor of a claim not assigned by endorsement is not a party to
the action, leave shall be given the claimant to amend by making him
a party to answer to his interest in the claim and to sue out process
against the assignor to answer in that behalf. And if it shall be shown
to the court that any person is bound with the decedent in any contract
which is the foundation of the claim, the court shall direct that the
claim be amended by making such person a defendant in the action,
and process shall be issued against and served upon him, and thereafter
the action shall be prosecuted against him as a codefendant with such
personal representative and judgment shall be rendered accordingly.
(b) If any claimant fails to attend and prosecute his claim at the time
the same shall be set down for trial, the court shall dismiss the claim;
and any subsequent prosecution of the claim against the estate shall be
at the costs of the claimant, unless good cause for such failure to
prosecute be shown.
Formerly: Acts 1953, c.112, s.1412. As amended by Acts 1978,
P.L.132, SEC.7.