§ 33-23-1 - Filing of claim of appeal, record, and reasons.
SECTION 33-23-1
§ 33-23-1 Filing of claim of appeal,record, and reasons. – (a) Any person aggrieved by an order or decree of a probate court (hereinafter"appellant"), may, unless provisions be made to the contrary, appeal to thesuperior court for the county in which the probate court is established, bytaking the following procedure:
(1) Within twenty (20) days after execution of the order ordecree by the probate judge, the appellant shall file in the office of theclerk of the probate court a claim of appeal to the superior court and arequest for a certified copy of the claim and the record of the proceedingsappealed from, and shall pay the clerk his or her fees therefor.
(2) Within thirty (30) days after the entry of the order ordecree, the appellant shall file in the superior court a certified copy of theclaim and record and the reasons of appeal specifically stated, to whichreasons the appellant shall be restricted, unless, for cause shown, and with orwithout terms, the superior court shall allow amendments and additions thereto.
(3) The appellant shall file with the probate clerk anaffidavit in proof of the filing and docketing of the probate appeal pursuantto the time deadlines set forth in § 33-23-1(a)(2).
(b) For purposes of this chapter, the "record of theproceedings appealed from" shall include copies of documents filed with theprobate court and full exhibits entered into evidence by the probate court ascertified by the probate clerk which are relevant to the claim of appeal andthe transcript (if any) of all relevant evidentiary probate court proceedings.The appellant and the appointed fiduciary may stipulate to the content of therecord of proceedings from the probate clerk and may stipulate to thesupplementation of the record of proceedings in the superior court. Withoutsuch stipulation, the appellant must timely file all relevant filings, exhibitsand transcripts with the reasons of appeal in the superior court.
(c) If the appellant ordered the transcript or tape recordingas the case may be from the probate clerk within the twenty (20) day deadlineof subsection (a)(1) and the transcript is unavailable for filing within thethirty (30) day deadline of subsection (a)(2), the superior court onappellant's motion shall grant an extension of such additional time reasonablynecessary to complete the record.
(d) An appeal under this chapter is not an appeal on errorbut is to be heard de novo in the superior court. The record of proceedings,including the certified documents and the transcript (if any) from the probateproceedings, may be introduced in the superior court without furtherauthentication. The findings of fact and/or decisions of the probate court maybe given as much weight and deference as the superior court deems appropriate,however, the superior court shall not be bound by any such findings ordecisions. Nothing herein shall preclude a witness who testified at the probatecourt proceeding from testifying at the superior court hearing, however, thetranscript of such probate court testimony may be used for any evidentiarypurpose, consistent with the Rhode Island rules of evidence.
(e) The deadline of subsections (a)(1) and (a)(2) of thischapter are jurisdictional and may not be extended by either the probate courtor the superior court, except for purposes of extending the time to file thetranscript under subsection (c).
(f) Nothing in this chapter shall preclude interested partiesin a probate proceeding from stipulating to a probate appeal from the probatecourt to the superior court and toward that end to build a record by agreedstatement of facts and otherwise, to fashion on a form of order or decree topreserve or frame issues as the parties desire, and to preserve the status quoante pending appeal through custodianship of assets or otherwise. Such astipulated probate appeal shall be governed by and be subject to the proceduralrequirements of this chapter.
(g) The executor, administrator, guardian or other fiduciarypending a probate appeal shall annually, or more often as requested by theprobate court, file a written report of the status of the appeal.
(h) The filing fees payable to the superior court clerk forreasons of appeal in a probate appeal shall be the same as those establishedfrom time to time for the filing of a complaint in a civil action.
(i) The fee charged by the probate clerk for the record ofproceedings shall include the reasonable copying costs, transcription costs,(if any), and the costs of transmitting the record. The probate clerk need nottransmit the record unless and until all costs therefor are paid in full.
(j) Whenever a transcript or the production of a transcriptis requested or referred to in title 33, the moving party shall, pursuant tothe provisions of § 33-22-19.1, be responsible for the production of anypayment for said transcript, and nothing contained herein shall require theprobate court or the probate clerk to make arrangements for or advance thecosts of the same.