Mercer Cnty. C.P. Rules of Orphan's Court Rule 10

Local Rule 10.4:1 Notice of Appeal

Any person desiring to appeal from a judicial act or decision of the Register shall

file a written notice thereof with the Register, specifying generally the act or

decision complained of, accompanied by an affidavit or verification that said

appeal is not taken for delay, but because appellant believes that injustice

results from the act or decision which is appealed.

Local Rule 10.4:2 Petition for Appeal

Within thirty (30) days from the filing of the notice of appeal, the appellant shall

present a petition to the Court which shall set forth:

1. the nature of the proceedings before the Register;

2. a copy of any Will in controversy;

3. a statement of the facts and circumstances relied upon;

4. a precise statement of the questions of law or of fact involved;

5. the filing and approval by the Register of the security required by

law; and

6. the names and addresses of all interested parties.

Local Rule 10.4:3 Certification and Citation

a. If the averments of the petition for appeal appear to be prima facie

sufficient, the Court shall award a citation and, if it has not been done by

the Clerk on his/her own motion, order certification of the entire record

of the Clerk to the Court. The citation shall be directed to all interested

parties and shall require them to file a complete answer under oath or

verification to the averments of the petition, on or before a day certain

which shall not be less than twenty (20) days after the service thereof,

and to show cause as the decree of the Court shall provide.

b. Proof of service of the citation shall be filed with the Clerk on or before

the return date of the citation.

Local Rule 10.4:4 Argument List and Hearing

After the return date of the citation, any party may place the matter on the

Argument List for the purpose of fixing a time for taking any testimony required

to support the issue or for the argument of any legal issue raised by the

pleadings. After the testimony has been transcribed and filed, any party may

place the matter on the Argument List for purposes of argument.

Local Rule 10.4:5 Grant of Jury Trial

a. Determination by Judge – The Hearing Judge shall determine whether a

jury trial will be granted upon any issue of fact arising upon the

certification of appeal.

b. Decree – If a jury trial is granted, the decree shall specify the issues to be

tried, which may be agreed upon by the parties or as the Hearing Judge

shall determine.