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Court Rule

N10.2.1 Certification of Register's Records to...

RULE N10.2.1. CERTIFICATION OF REGISTER'S RECORDS TO ORPHANS' COURT.
 
(a) Contents of Petition. A petition for the certification of the Register's records to the Court and for a hearing date shall be promptly presented to the Court and shall set forth:
 
(1) an outline of the proceedings before the Register;
 
(2) the nature of caveat filed or dispute which has arisen;
 
(3) the names and addresses of all parties in interest, including those who have not been made parties to the record;
 
(4) (i) a prayer for the certification of the record, which prayer may include a request that any testimony taken before the Register be included therein; and
 
(ii) a prayer that a citation issue and a date for hearing be fixed;
 
(5) a form of decree
 
(i) allowing the prayer for certification of the Register's records and ordering the Register to prepare and file the same with the Clerk within five (5) days of the service of the order upon the Register;
 
(ii) ordering that on the filing of the certification a citation issue by the Clerk, directed to all parties in interest, including those not represented on the record, to show cause why the matter upon which the certification is requested or based should not be determined by the Court on a day certain therein indicated for hearing.
 
(b) Certification by Register. A certification by the Register shall include the entire record of the Register, except that testimony taken before the Register shall not be included unless so ordered by the Court.

(c) Presentation of Petition. Where Record Certified on Register's Own Motion. When the certification of the Register's record has been prepared and filed on the Register's own motion, a petition for the citation mentioned in Rule N10.2.1(a)(5)(ii), with appropriate changes, may be presented by any party in interest.
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Created at 1/29/2016 4:06 PM by Vitek Gajewski
Last modified at 1/29/2016 4:06 PM by Vitek Gajewski
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