US Lawyer Database

14 §2703. Commissioner to take disclosure

§2703. Commissioner to take disclosure The court in which the action is pending may appoint a commissioner to take the trustee’s examination and disclosure when any reasonable cause appears and may prescribe the notice to be given to the plaintiff of the time and place thereof. Upon return of such service, the examination and disclosure […]

14 §2704. Trustee leaving State discloses before notary

§2704. Trustee leaving State discloses before notary When a person summoned as trustee is about to depart from the State or go on a voyage and not return before his disclosure under oath is required to be served, he may apply to a notary public of the county where he resides for a notice to […]

14 §2705. Trustee may disclose by consent

§2705. Trustee may disclose by consent The examination and disclosure of any person summoned as trustee may be taken, as provided in section 2704, when the plaintiff and trustee consent thereto.  

14 §2706. Disclosure sworn to

§2706. Disclosure sworn to The disclosure, when completed and subscribed by the trustee, shall be sworn to by him in open court or before a notary public.   [PL 1981, c. 456, Pt. A, §53 (AMD).] SECTION HISTORY PL 1981, c. 456, §A53 (AMD).

14 §2707. Examination of trustee

§2707. Examination of trustee If the plaintiff thinks proper to examine the supposed trustee on oath, the answers may be taken in the county in which the trustee resides before a Justice of the Superior Court or a notary public.   [PL 1981, c. 456, Pt. A, §53 (AMD).] SECTION HISTORY PL 1981, c. 456, […]

14 §2708. Disclosure under oath

§2708. Disclosure under oath When a trustee has submitted himself to examination on oath in court, his disclosure may be sworn to before a justice of the court or a notary public, and being filed in court, shall have the same effect as if sworn to in open court.   [PL 1981, c. 456, Pt. […]

14 §2625. Defendant in pending action summoned as trustee of plaintiff

§2625. Defendant in pending action summoned as trustee of plaintiff If, during the pendency of an action, the defendant is summoned as trustee of the plaintiff, the first action may nevertheless proceed so far as to ascertain by a verdict or otherwise, what sum, if any, is due from the defendant; but the court may, […]

14 §2709. Trustee may submit statement of facts

§2709. Trustee may submit statement of facts If a person summoned admits that he has in his hands goods, effects or credits of the principal or wishes to refer that question to the court upon the facts, he may make a declaration of such facts as he deems material and submit himself thereupon to a […]

14 §2626. Defendant not judged trustee after judgment in first action

§2626. Defendant not judged trustee after judgment in first action If the first action is not continued and judgment is rendered therein, the defendant shall not afterwards be adjudged a trustee on account of the demand thus recovered against him while he is liable to an execution thereon.  

14 §2710. Disclosure deemed true

§2710. Disclosure deemed true The answers and statements sworn to by a trustee shall be deemed true in deciding how far he is chargeable until the contrary is proved, but the plaintiff, defendant and trustee may allege and prove any facts material in deciding that question.