Ex Parte Commissioners’ Tips: Your Pre-Hearing Checklist

  • You can help our Ex Parte Clerks by writing the Personal Representative’s (PR’s) name on both the ORDER and the PETITION.Court Schedule It is especially helpful to use bold type and to tab it with a Post-It note for quick identification. Provide the PR’s oath along with the petition. (This allows us to make sure the order matches the oath and avoids the Clerk’s Office sending counsel back to Ex Parte to have the order changed.) Also, make sure the PR’s name is exactly the same on the Petition, the Order, and the Oath.
  • If the original will or codicil has been previously filed, you will save a lot of waiting time if you stop by the records window at the Clerk’s Office to ask that the will be brought to the Ex Parte and Probate Department. (The Clerk’s Office will carry it down to us.)
  • Let the court know if notice was required before presenting your orders, and if so, be prepared to provide proof of service.
  • Working papers for hearings. It is helpful to verify ahead of time that the Ex Parte and Probate Department has received all of the working papers for both sides, rather than waiting until you appear before the Commissioner only to be told that papers are missing, which then requires either a continuance or more waiting while the Commissioner attempts to read the papers as you stand there.
  • In contested hearings, it is helpful to provide working copies of the cases relied upon, as the judicial officers don’t always have the time to look up the cases, and may not have access to case law on the bench.

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