Florida Rules of Probate and Guardianship Procedure, In re, 48503
Decision Date | 17 December 1975 |
Docket Number | No. 48503,48503 |
Citation | 324 So.2d 38 |
Parties | In re FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE. |
Court | Florida Supreme Court |
J. Rex Farrior, Jr., Tampa, President of The Florida Bar; and James J. Altman, New Port Richey, Chairman of the Probate and Guardianship Rules Committee, for The Florida Bar.
Appended to this opinion are new Rules of Probate and Guardianship Procedure.
These new rules are necessitated by the new Florida Probate Code and Florida Guardianship Law, as amended, which becomes effective January 1, 1976.
These rules shall govern all proceedings within their scope from and after 12:01 a.m., January 1, 1976. All present Rules of Probate and Guardianship Procedure are hereby superseded as of said date.
Petition was filed in this Court on December 8, 1975. Notice was given of an immediate hearing for temporary adoption of these rules to individuals having an interest in the rules and being representative of both the legislative and judicial branches and the appropriate committees of The Florida Bar. Hearing was held on December 10, 1975. This Court is required to act immediately without the usual notice procedure because of the January 1, 1976 effective date of the new Florida Probate Code.
In adopting these rules, we consider them transitional and temporary in nature, and request the Probate and Guardianship Rules Committee of The Florida Bar and other interested parties to file any appropriate suggestions or objections on or before June 15, 1976.
Copies of these rules will be distributed immediately to judges serving in probate and to the respective law libraries in the state.
It is so ordered.
PETITION OF THE FLORIDA BAR
The Florida Bar respectfully shows:
1. That pursuant to the request for the preparation of new probate and guardianship rules required as a result of the enactment of the Florida Probate Code which becomes effective January 1, 1976, the Probate and Guardianship Rules Committee of The Florida Bar has prepared a complete set of rules which have been heretofore approved by the Committee and also by the Board of Governors of The Florida Bar.
2. The proposed new probate and guardianship rules are attached to this petition and consist of the following rules:
Rule 5.010 Rule 5.175 Rule 5.360 Rule 5.530
Rule 5.015 Rule 5.180 Rule 5.370 Rule 5.540
Rule 5.020 Rule 5.190 Rule 5.380 Rule 5.550
Rule 5.025 Rule 5.200 Rule 5.390 Rule 5.560
Rule 5.030 Rule 5.210 Rule 5.400 Rule 5.570
Rule 5.040 Rule 5.230 Rule 5.410 Rule 5.590
Rule 5.050 Rule 5.240 Rule 5.420 Rule 5.610
Rule 5.060 Rule 5.260 Rule 5.430 Rule 5.620
Rule 5.070 Rule 5.270 Rule 5.440 Rule 5.630
Rule 5.080 Rule 5.280 Rule 5.450 Rule 5.640
Rule 5.090 Rule 5.290 Rule 5.460 Rule 5.650
Rule 5.100 Rule 5.310 Rule 5.470 Rule 5.660
Rule 5.110 Rule 5.320 Rule 5.480 Rule 5.670
Rule 5.120 Rule 5.330 Rule 5.490 Rule 5.680
Rule 5.150 Rule 5.340 Rule 5.500 Rule 5.690
Rule 5.160 Rule 5.345 Rule 5.510 Rule 5.700
3. The Florida Bar, through its Board of Governors, urges the prompt consideration of these rules.
Respectfully submitted,
THE FLORIDA BAR
By: (s) J. Rex Farrior, Jr.
J. Rex Farrior, Jr.
President
By: (s) James J. Altman
James J. Altman, Chairman
Probate and Guardianship
Rules Committee
PROBATE AND GUARDIANSHIP RULES
FOREWORD
The reason for the change in the Probate and Guardianship Rules is to conform to the Florida Probate Code and the Florida Guardianship Law, as amended.
In some instances the rules contain the exact wording of a particular statute or sections of it. This was done for clarity and continuity in the rules and to attempt to give the court and the practitioner a more complete coverage of the pertinent provisions of the subject matter in one source.
PROBATE AND GUARDIANSHIP RULES
These rules govern the procedure in all probate and guardianship proceedings and Rule 5.010. Committee Note:
shall be known and cited as the Rules of Probate and Guardianship Procedure and may be abbreviated as "PGR". Part I of these rules applies to both probate and guardianship procedure. Part II applies to probate alone and Part III to guardianship alone. The Rules of Civil Procedure apply only as provided herein.
These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See FPC 731.011.
Words not defined in these rules shall have the meanings as defined in the Florida Probate Code and Florida Guardianship Law, as amended from time to time. (See PGR 5.190 and 5.540.)
Rule 5.015. Committee Note:
This is intended to simplify drafting of these rules and should be liberally construed. See PGR 5.190 and 5.540 and also PFC 731.201 and FGL 744.102.
(a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings are abolished. No defect of form impairs substantial rights, and no defect in the statement of jurisdictional facts actually existing renders any proceeding void.
(b) Petition. The petition shall contain a short and plain statement of the relief sought, the grounds therefor, and the jurisdiction of the court where the same has not already been shown.
(c) Verification. When verification is required by these rules or the FPC, the document filed shall include an oath, affirmation or the following statement:
"Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are...
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