SUPREME COURT RULES 1970 - SECT 78.57 Notice of proceedings

SUPREME COURT RULES 1970 - SECT 78.57

78.57 Notice of proceedings

(cf former Part 78, rules 53 and 56)

(1) Subject to subrule (2), any party to proceedings for the grant of probate or administration may file and serve on any person having an interest adverse to the party a notice of proceedings.

Note : This notice, a "notice of proceedings", was formerly referred to as a "citation to see proceedings".

(2) Such a notice must be filed and served on each person on whom such a notice is required to be served pursuant to any other provision of this Part or any direction of the Court.

(3) The notice must state that, if the person to whom it is addressed does not enter an appearance in the proceedings, the proceedings may be heard and determined in the person's absence.

(4) Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (rule 6.10 excepted) applies to appearance by a person on whom a notice of proceedings has been served in the same way as if the person were a defendant in the proceedings.

(5) If the person on whom the notice is served enters an appearance in the proceedings, he or she is entitled to the same notice of the hearing or trial of the proceedings as a defendant.