§ 524.1-304 — Practice in Court
Plain-Language Summary
Probate cases follow the same Rules of Civil Procedure as other lawsuits, unless the probate code says otherwise. Courts can also fix mistakes in their own orders within certain time limits.
524.1-304 1975 c 347 s 144
524.1-304 PRACTICE IN COURT.
(a) Unless inconsistent with the provisions of this chapter or chapter 525, pleadings, practice, procedure and forms in all probate proceedings shall be governed insofar as practicable by Rules of Civil Procedure provided for in section 484.81 and adopted pursuant thereto.
(b) Notwithstanding paragraph (a), and in addition to its general powers, the court shall have power to correct, modify, vacate, or amend its records, orders, and decrees:
(1) at any time, for the correction of clerical error or pursuant to the provisions of section 524.3-413;
(2) within the time for taking an appeal, for the correction of judicial error;
(3) within two years after petitioner’s discovery thereof, for fraud, whether intrinsic or extrinsic, or misrepresentation unless petitioner be a party to such fraud; or
(4) within two years after the date of filing of any record, order, or decree, for excusable neglect, inadvertence, or mistake.
In any case, the petitioner must proceed with due diligence and may be barred by laches or the court may deny relief where it appears that the granting thereof would be inequitable in view of all the facts and circumstances appearing.
History:
1977 c 157 s 1; 2009 c 117 art 1 s 1; 2011 c 76 art 1 s 62
History: History: 1977 c 157 s 1; 2009 c 117 art 1 s 1; 2011 c 76 art 1 s 62