MUPC Article V procedural outline - L. Third party testimony

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

A person may apply for permission to provide information by filing an Application for Permission to Provide Information or some other document making such application.

1. The application must:
   1. be in writing;
   2. be signed by person submitting request;
   3. describe subject matter, but not substance, of proffered information.
2. Notice and hearing on the application
   1. The Court may grant the request with or without hearing, upon determining that the best interest of the Respondent will be served thereby. The court may attach appropriate conditions to the permission. Generally, the Application should be reviewed administratively by the Judge or Judicial Designee to decide whether or not to rule on the application ex-parte.
   2. In deciding whether or not to rule on the application ex-parte, the Court should consider:
      1. Relevance of proffered information;
      2. Urgency of reaching decision on the underlying petition or motion;
      3. Distance, health or other issues affecting ability of parties, counsel and third person to appear at hearing;
      4. Other exigent circumstances requiring immediate decision.
   3. If the motion is granted ex-parte, notice of the allowance of the application shall be given to the Petitioner, Petitioner’s counsel, the Respondent and the guardian or conservator, if one is appointed.
3. In deciding whether or not to grant the permission, court should consider:
   1. Relevance of proffered information;
   2. Relationship of third person to the person to be protected;
   3. Opposition of Petitioner or Respondent to such permission;
   4. Whether proffered information is cumulative, unduly prejudicial, unreliable or otherwise not likely to be in best interest of the person to be protected.
4. The Court may:
   1. Grant the application:
      1. without conditions;
      2. with conditions such as
         1. Allowing limited discovery as to the proffered information;
         2. Allowing rebuttal information if appropriate;
         3. Any further conditions that the court deems appropriate.
   2. Deny the application;
   3. Defer the hearing on the application until full notice is given. The information shall be accepted as part of the Court record but the 3 rd party does not become a party to the action for purpose of future hearings or notice without further Court order.
5. All third party information shall be subject to the same rules of admissibility as other evidence.
6. If a Decree has entered and there is no pending petition, the Court shall accept the request in the file and the request shall be given to the Judge who may:
   1. Rule on the application;
   2. Schedule a hearing;
   3. Make other necessary orders such as appointing a GAL, counsel or special guardian.