15-8-202. JUDICIAL PROCEEDINGS. (1) The provisions of this chapter shall control over any inconsistent provision of the Idaho rules of civil procedure.
(2) A judicial proceeding under this chapter may be commenced as a new action or as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset.
(3) Once commenced, the action may be consolidated with an existing proceeding or converted to a separate action upon the motion of a party for good cause shown, or by the court on its own motion.
(4) The Idaho rules of civil procedure apply to judicial proceedings under this chapter only to the extent that they are consistent with this chapter, unless otherwise provided by Idaho Code, or ordered by the court under section 15-8-102, Idaho Code, or provided by other applicable Idaho rules of civil procedure.
History:
[15-8-202, added 2005, ch. 122, sec. 1, p. 400.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT
Section 15-8-202 - JUDICIAL PROCEEDINGS.
Section 15-8-203 - PROCEDURAL RULES.
Section 15-8-204 - NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.
Section 15-8-205 - APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION.
Section 15-8-206 - SPECIAL NOTICE.
Section 15-8-207 - WAIVER OF NOTICE.
Section 15-8-208 - COST — ATTORNEY’S FEES.
Section 15-8-209 - APPOINTMENT OF A GUARDIAN AD LITEM.
Section 15-8-210 - TRIAL BY JURY.