§ 33-23-10 — § 33-23-10. Assignment for hearing.

§ 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.

(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.

Legislative History

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.