If any objection is made to any report or petition filed by a fiduciary or beneficiary, the objection shall be filed in writing and be made at or prior to the hearing on the report or petition. If the initial hearing does not resolve all objections, the court shall adjourn the hearing to a specified time and place to resolve all issues of fact and all issues of law. Following the initial hearing, the court may enter any order it deems appropriate, which order may:

(1) Resolve any issues the court deems proper if all matters included in the petition, which are not objected to at the initial hearing, are approved;

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Terms Used In South Dakota Codified Laws 21-22-16

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Fiduciary: A trustee, executor, or administrator.

(2) Determine the scope of discovery; and

(3) Set a schedule for further proceedings for the prompt resolution of the matter.

Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 245, 1939; SDC 1939 & Supp 1960, § 33.2609; SL 2015, ch 240, § 26.