(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.
Notes of Decisions
In Re Est. of Paroda, 845 A.2d 1012 (R.I. 2004).
· cites it 7× “However, the hearing justice did not assign the matter to either the continuous nonjury trial calendar, the continuous jury calendar, or the formal and special cause calendar pursuant to either § 33-23-9 or § 33-23-10. At the hearing, the parties presented their arguments, after…”
William A. Bettez v. Robert A. Bettez, 114 A.3d 82 (R.I. 2015).
· cites it 3× “1956 § 33-23-10(c) provides in pertinent part: “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…”
R.I. Gen. Laws § 33-23-10(a): 1 case
In Re Est. of Paroda, 845 A.2d 1012 (R.I. 2004).
“However, the hearing justice did not assign the matter to either the continuous nonjury trial calendar, the continuous jury calendar, or the formal and special cause calendar pursuant to either § 33-23-9 or § 33-23-10. At the hearing, the parties presented their arguments, after…”
R.I. Gen. Laws § 33-23-10(b): 1 case
In Re Est. of Paroda, 845 A.2d 1012 (R.I. 2004).
“However, the hearing justice did not assign the matter to either the continuous nonjury trial calendar, the continuous jury calendar, or the formal and special cause calendar pursuant to either § 33-23-9 or § 33-23-10. At the hearing, the parties presented their arguments, after…”
R.I. Gen. Laws § 33-23-10(c): 1 case
William A. Bettez v. Robert A. Bettez, 114 A.3d 82 (R.I. 2015).
“1956 § 33-23-10(c) provides in pertinent part: “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…”
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