Probate proceedings: rules of practice.
Summary
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.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2012
Committee Review
May 2012
Assembly Passage
May 2012
Senate Passage
Governor
Introduced Feb 22, 2012
Last action Jun 25, 2012
Floor votes · Assembly May 10, 2012
How they voted
65–0
Passed · 7 other
Total votes 72
May 10, 2012
D
Democratic45
95% Yea
I
Independent1
0% Nay
R
Republican26
84% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
11
Key actions
3
Committee
3
Amendments
1
May 24, 2012
Committee
Referred to Com. on JUD.
upper
May 10, 2012
Assembly · Passed
Assembly Vote: pass (65-0-7)
assembly
May 3, 2012
Lower · Passed
From committee: Do pass as amended. To consent calendar. (Ayes 10. Noes 0.) (May 1).
lower
Mar 5, 2012
Committee
Referred to Com. on JUD.
lower
Feb 23, 2012
Lower · Passed
From printer. May be heard in committee March 24.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Donald Wagner
RRepublican
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