43 CFR 30.209 – What will the judge or ADM do with the official record of the summary probate case?
The judge or ADM will transfer the official record of the summary probate case to the agency originating the probate, by sending all original hard copies, and transmitting all digital files, that are designated by OHA as part of the official record, including:
Terms Used In 43 CFR 30.209
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a) The decision, order, and the notices thereof;
(b) A copy of the notice of hearing on review with proof of mailing, if applicable;
(c) The record of the evidence received at the hearing on review, if a hearing was held, including any transcript made of the testimony;
(d) Any wills, codicils and revocations;
(e) Any pleadings and briefs filed;
(f) Interlocutory orders;
(g) Copies of all proposed or accepted settlement agreements, consolidation agreements, and renunciations and acceptances of renunciations; and
(h) Any other documents deemed material by the judge.