(a)  In uncontested matters and/or matters on waiver, the Rhode Island Rules of Evidence adopted by the supreme court, may be used as a guide, but need not be followed, for the admission or exclusion of evidence.

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Terms Used In Rhode Island General Laws 33-22-19.2

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • 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

(b)  In all contested matters, the Rhode Island Rules of Evidence shall be applied; provided, however, that this section shall not prohibit parties from stipulating or waiving the requirements of the Rules of Evidence as to any particular matter.

(c)  In all contested matters, the Rhode Island Superior Court Rules of Civil Procedure may be applied. The probate court may limit the scope of discovery to what is relevant to the contested issue before it and may shorten or enlarge deadlines for compliance as the circumstances warrant.

(d)  In all matters, the probate court shall have the jurisdiction and discretion to compel discovery, award costs and fees, impose sanctions and otherwise to enforce its orders consistent with Rule 37 of the Rhode Island Superior Court Rules of Civil Procedure.

History of Section.
P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.