Supplemental Rules of the Probate and Family Court

Supplemental Rules of the Probate and Family Court Supplemental Probate and Family Court Rule 406: Allowance for fees, costs, and expenses

Effective Date: 01/02/2012
Updates: Amended October 29, 1992, effective January 1, 1993 Amended December 14, 2011, effective January 2, 2012

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Rule 406

An application by a party for an allowance from the other party to prosecute or defend a complaint shall contain a statement that the party intends in good faith to defend or prosecute such complaint, and shall be accompanied by a certificate of the party's attorney that the attorney believes such statement to be true. The judge shall review the financial statements of the parties and other relevant evidence, including affidavits, and shall order an allowance, if appropriate, for counsel fees and necessary expenses. If such allowance is granted, it shall be paid as the court may direct.

Comment

This rule restates, with one modification, Probate Rule 47.

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Updates: Amended October 29, 1992, effective January 1, 1993 Amended December 14, 2011, effective January 2, 2012

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