Rhode Island General Laws 33-23-15. Want of jurisdiction – Amendments to supply defects
No order or decree of a probate court which may be appealed from, or in any collateral proceeding when the same shall not have been appealed from, shall be deemed to be invalid, or be quashed, for want of proper form, or for want of jurisdiction appearing upon the record, if the probate court had jurisdiction of the subject matter of the order or decree. The superior court having jurisdiction of the parties to a probate appeal may allow amendments to be made in the papers filed in the case, to supply any deficiency or correct errors therein, upon such terms as it may deem proper.
History of Section.
C.P.A. 1905, § 803; G.L. 1909, ch. 311, § 8; G.L. 1923, ch. 362, § 8; G.L. 1938, ch. 573, § 8; G.L. 1956, § 33-23-15.
Terms Used In Rhode Island General Laws 33-23-15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will