§1-301. Territorial application Except as otherwise provided in this Code, this Code applies to the following: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Domiciled in the State. The affairs and estates of decedents, missing persons and persons to be protected who are domiciled in […]
§1-302. Subject matter jurisdiction 1. Subject matter jurisdiction. To the full extent permitted by the laws of the State, the court has jurisdiction over all subject matter relating to: A. The estates of decedents, including the construction of wills and determination of heirs and successors of decedents, and estates of protected persons; [PL […]
§1-303. Venue; multiple proceedings; transfer 1. Court where proceeding first commenced. If a proceeding under this Code could be maintained in more than one court in this State, the court in which the proceeding is first commenced has the exclusive right to proceed. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. […]
§1-304. Rule-making power 1. Rules. The Supreme Judicial Court may prescribe by general rules the forms, practice and procedure, including rules of evidence, to be followed in all proceedings under this Code and all appeals from such proceedings. The rules must be consistent with the provisions of this Code and may not abridge, enlarge or […]
§1-305. Records and certified copies; judicial supervision The register shall maintain records and files and provide copies of documents as provided in sections 1‑501 to 1‑511 and further records and copies as the Supreme Judicial Court may by rule provide. The register is subject to the supervision and authority of the judge of the court […]
§1-306. No jury trial; removal 1. No jury trial. In any proceeding under this Code, the court shall sit without a jury. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Removal to Superior Court for jury trial. Upon timely demand by any party, any proceeding […]
§1-307. Register; powers The register has the power to probate wills, appoint personal representatives as provided in sections 3‑302 and 3‑307 and perform other duties set out in this Code. The acts and orders that may be performed by the register under this Code may also be performed by a judge of the court or […]
§1-308. Appeals Appeals from all final judgments, orders and decrees of the court may be taken to the Supreme Judicial Court, sitting as the Law Court, as in other civil actions. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. […]
§1-309. Judges A judge of the court must be chosen and shall serve as provided in Title 4, sections 301 to 312. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, […]
§1-310. Oath or affirmation on filed documents Except as otherwise specifically provided in this Code or by rule, every document filed with the court under this Code, including applications, petitions and demands for notice, is deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the […]