Request for evidentiary hearing and trial in a probate department proceeding?

There are additional procedural requests or demands that I sometimes, perhaps often, make in probate department proceedings. Every case is different, of course, so you do need to evaluate procedural and strategic options for your particular situation. However, whereas in a civil action the court will eventually set the dispute for a trial, in probate the judge can in some circumstances rule from the bench without a hearing where witnesses are presented. So you do want to consider whether you want to protect or reserve your evidentiary hearing or trial entitlement. And there are also additional requests or demands that might be considered relating to the presentation or admissibility of evidence. Nevertheless, the following is possible wording requesting an evidentiary hearing, which you can add to your court-filed and served pleadings prior to the hearing:

REQUEST FOR EVIDENTIARY HEARING AND TRIAL

__. __________ incorporates by reference herein paras. 1-__ stated above as if fully restated in this para. __.

__. __________ further requests an evidentiary hearing and trial for all disputed matters in this case, and a jury trial to the extent that a jury trial is allowable.

 

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