21-22-16. Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.
If any objection is made to any report or petition filed by a fiduciary or beneficiary, the objection shall be filed in writing and be made at or prior to the hearing on the report or petition. If the initial hearing does not resolve all objections, the court shall adjourn the hearing to a specified time and place to resolve all issues of fact and all issues of law. Following the initial hearing, the court may enter any order it deems appropriate, which order may:
(1)Resolve any issues the court deems proper if all matters included in the petition, which are not objected to at the initial hearing, are approved;
(2)Determine the scope of discovery; and
(3)Set a schedule for further proceedings for the prompt resolution of the matter.
Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 245, 1939; SDC 1939 & Supp 1960, §33.2609; SL 2015, ch 240, §26.
Structure South Dakota Codified Laws
Chapter 22 - Administration Of Trust Estates
Section 21-22-1 - Definition of terms.
Section 21-22-2 - Application of chapter and §§ 55-3-24 to 55-3-48.
Section 21-22-3 - Inventory and documents filed by court trustee--Contents.
Section 21-22-4 - Appointment by nonresident trustee of agent to receive process.
Section 21-22-5 - County in which trustee's inventory and attached papers filed.
Section 21-22-6 - Commencement of supervision by court.
Section 21-22-7 - Petition, hearing and order dispensing with court supervision.
Section 21-22-7.1 - Notice of entry of order--Requirements.
Section 21-22-8 - Petition, hearing, and order resuming court supervision.
Section 21-22-9 - Petition, hearing, and order for court supervision of other trust--Information.
Section 21-22-11 - Bond required despite terms of trust instrument.
Section 21-22-12 - Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee.
Section 21-22-13 - Petitions relevant to trust administration--Hearing--Order.
Section 21-22-14 - Annual verified report of trustee--Optional calendar year basis.
Section 21-22-15 - Final report of trustee--Contents.
Section 21-22-16 - Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.
Section 21-22-17 - Contents of notice of hearings--Trustee's account attached.
Section 21-22-18 - Parties served with notice--Personal, mail, or electronic service.
Section 21-22-19 - Publication of notice in lieu of personal service.
Section 21-22-20 - Proof of service by affidavit.
Section 21-22-21 - Notice dispensed with by consent of parties.
Section 21-22-22 - Testimony and examination of reports--Questions considered.
Section 21-22-23 - Examination of trustee's reports by court.
Section 21-22-27 - Prior settlement and distribution decrees validated--Assertion of vested rights.
Section 21-22-28 - Protection of privacy--Sealing and availability of documents.
Section 21-22-30 - Court approval of trustee's accounting is conclusive--Accounting defined.
Section 21-22-31 - Rules of civil procedure applicable.
Section 21-22-32 - Title 55 governs actions of trustee as party to transaction.