Bill Text: CA AB1893 | 2011-2012 | Regular Session | Amended

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Bill Title: Probate proceedings: rules of practice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-25 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB1893 Detail]

Download: California-2011-AB1893-Amended.html

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BILL NUMBER: AB 1893	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  MAY 7, 2012

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 22, 2012

   An act to  amend Section 1022 of, and to  repeal and add
Section 1000 of  ,  the Probate Code, relating to probate
proceedings.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1893, as amended, Wagner. Probate proceedings: rules of
practice.
   Existing law provides that except to the extent that the Probate
Code provides applicable rules, the rules of practice applicable to
civil actions, including discovery proceedings and other proceedings,
as specified, apply to, and constitute the rules of practice in,
proceedings under that code. Existing law provides that all issues of
fact joined in probate proceedings shall be tried in conformity with
the rules of practice in civil actions.  Existing law also
requires that an affidavit or verified petition be received as
evidence when offered in an uncontested proceeding under the Probate
Code. 
   This bill would recast those provisions to provide more
specificity for applicable rules for probate proceedings.  This
bill would also require that an affidavit or verified petition be
received as evidence when offered in   accordance with
specified provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1000 of the Probate Code is repealed.
  SEC. 2.  Section 1000 is added to the Probate Code, to read:
   1000.  (a) All issues of fact joined in probate proceedings shall
be tried in conformity with the rules of practice of civil actions.
   (b) Except to the extent that this code provides applicable rules
of practice, the rules of practice applicable to civil actions
provided in the Code of Civil Procedure apply to, and constitute the
rules of practice in, proceedings under this code.
   (c) Except to the extent that this code provides applicable rules
of practice, proceedings in connection with motions and discovery
provided in the Civil Code or the Code of Civil Procedure, including,
but not limited to, motions to strike, motions for judgment on the
pleadings, motions for summary judgment, motions for summary
adjudication on the issues, and discovery motions, apply to, and
constitute the rules of practice in, proceedings under this code.
   (d) The following exceptions or limitations apply to civil action
motions and pleading practice in proceedings under this code:
   (1) Demurrers do not apply, except as provided in this code.
   (2) Provisions of the Code of Civil Procedure regarding compulsory
cross-complaints do not apply.
   (3) Provisions of the Code of Civil Procedure regarding answers
and amendment of pleadings do not apply to those proceedings in which
there has been no responsive pleading filed. The parties may amend
their pleadings without court approval until 120 days prior to the
date set for trial or other evidentiary hearing, except as otherwise
ordered by the court. Any amendment to a pleading proposed within 120
days of a trial or other evidentiary hearing shall be governed by
the provisions of the Code of Civil Procedure.
   SEC. 3.    Section 1022 of the   Probate
Code   is amended to read: 
   1022.  An affidavit or verified petition shall be received as
evidence  as provided in Section 2009 of the Code of Civil
Procedure or  when offered in an uncontested proceeding under
this code.