§ 33-23-10 - Assignment for hearing.
SECTION 33-23-10
§ 33-23-10 Assignment for hearing. –(a) The appellant may, in the reasons of appeal, claim a trial by jury of anyfactual dispute or issue raised in his or her reasons of appeal. Any interestedperson may, within twenty (20) days after service of notice of the probateappeal, claim a trial by jury of any factual dispute raised in the appeal.
(b) If the probate appeal raises a genuine issue of materialfact, upon motion of the appellant or any party to the proceedings pursuant to§ 33-23-8(e), the matter shall be assigned to the continuous non-jurytrial calendar or jury trial calendar, as claimed pursuant to §33-23-10(a).
(c) If the probate appeal can be decided as a matter of law,upon motion of the appellant or any party to the proceedings pursuant to §33-23-8(e), the matter shall be assigned to the formal and special causecalendar where a briefing schedule shall be established and the matter furtherassigned to a justice of the superior court for decision based upon the recordand the briefs submitted. The justice assigned may request or permit oralargument.