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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) The judge may reopen a closed probate case as shown in the following table.
How the case can be reopened | Applicable deadline | Standard for reopening the case |
---|---|---|
(1) On the judge's own motion | (i) Initiated within 3 years after the date of the original decision | To correct an error of fact or law in the original decision. |
(ii) Initiated more than 3 years after the date of the original decision | To correct an error of fact or law in the original decision which, if not corrected, would result in a manifest injustice. | |
(2) On a petition filed by the agency | (i) Filed within 3 years after the date of the original decision | To correct an error of fact or law in the original decision. |
(ii) Filed more than 3 years after the date of the original decision | To correct an error of fact or law in the original decision which, if not corrected, would result in a manifest injustice. | |
(3) On a petition filed by the interested party | (i) Filed within 3 years after the date of the original decision and within 1 year after the petitioner's discovery of an alleged error | To correct an error of fact or law in the original decision. |
(ii) Filed more than 3 years after the date of the original decision and within 1 year after the petitioner's discovery of an alleged error | To correct an error of act or law in the original decision which, if not corrected, would result in a manifest injustice. |
(b) All grounds for reopening must be set forth fully in the petition.
(c) A petition filed by an interested party must:
(1) Include all relevant evidence, in the form of documents or affidavits, concerning when the petitioner discovered the alleged error; and
(2) If the grounds for reopening are based on alleged errors of fact, be supported by affidavit.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.30.243 May a closed probate case be reopened? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-30-243/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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