Rule 14 - Referral to Probate Magistrate and Attorney Probate RefereeSection 14.1 Referral to probate magistrate and attorney probate referee(a) Except for a matter involving involuntary conservatorship, involuntary commitment or temporary custody of a minor, the court, with the consent of each party or attorney for the party, may refer a contested petition or motion to a probate magistrate or attorney probate referee. The court shall file a notice of referral and request for assignment of a magistrate or referee with the probate court administrator.(b) If sufficient funds are available and the administrator determines that assignment of a magistrate or referee is appropriate, the administrator shall assign a magistrate or referee to hear the petition and file a report. The administrator shall assign a magistrate or referee from the panel of magistrates or referees appointed by the Chief Justice of the Supreme Court of Connecticut.(c) The court shall notify each party and attorney of record of the assignment of a magistrate or referee under this section. (C.G.S. sections 45a-123 and 45a-123a.)
Section 14.2 Hearing before probate magistrate or attorney probate referee(a) Unless a continuance is granted, a probate magistrate or attorney probate referee shall commence the hearing on the referred petition not later than 21 days after the assignment under section 14.1(b).(b) The magistrate or referee shall have all the powers available to a probate judge in the management of a hearing or conference on the petition or motion, including, but not limited to, the authority to supervise discovery, compel the attendance of witnesses and exercise contempt powers.(c) The magistrate or referee shall cause an audio recording to be made of each hearing under this section. Unless otherwise agreed by the parties under C.G.S. section 51-72, a hearing under this section is not a proceeding on the record for the purposes of an appeal under C.G.S. section 45a-186(a). (Probate Court Rules, rule 65.)
Section 14.3 Report of probate magistrate or attorney probate referee(a) Not later than 60 days after the conclusion of the hearing on the petition referred under section 14.1, the probate magistrate or attorney probate referee shall file a report with the referring court.(b) The report under this section shall contain, in separate and consecutively numbered paragraphs, findings of fact and conclusions of law regarding the petition.(c) Not later than two business days after the magistrate or referee files the report, the court shall send a copy of the report to each party and attorney of record. (C.G.S. section 45a-123.)
Section 14.4 Amendment to report(a) The probate magistrate or attorney probate referee may file an amendment to the report at any time before the court accepts, modifies or rejects the report.(b) Not later than two business days after the magistrate or referee files an amendment, the court shall send a copy of the amendment to each party and attorney of record. (C.G.S. section 45a-123.)
Section 14.5 Objection to report or amendment(a) Not later than 21 days after a report or an amendment to a report is filed under section 14.3 or 14.4, a party may file an objection to the report or amendment. The party shall send a copy of the objection to each party and attorney of record and certify to the court that the copy has been sent.(b) An objection under this section shall be in writing and shall specify: (1) each finding or conclusion of law to which the party is objecting; and(2) the basis for the objection. (C.G.S. section 45a-123.)
Section 14.6 Hearing on report(a) If a party files an objection to a report or an amendment to a report under section 14.5, the court shall conduct a hearing on the report or amendment. If no objection is filed during the 21-day period under section 14.5, the court may dispense with notice of hearing and issue a decree accepting the report and any amendment thereto.(b) When conducting a hearing under subsection (a), the court shall consider only the evidence or testimony presented to the probate magistrate or attorney probate referee.(c) The court may require a transcription of the audio recording of the hearing or part of the hearing before the magistrate or referee. The party filing the objection under section 14.5 shall pay for the transcription, except that the expense of the transcription shall be paid from the probate court administration fund if the court determines that the objecting party is unable to pay for the transcription. (C.G.S. sections 45a-111 and 45a-123.)
Section 14.7 Issuance of decree on report(a) If the court dispenses with notice of hearing under section 14.6(a), the court shall issue a decree accepting the report not later than 30 days after receipt of the report or, if an amendment was filed, not later than 30 days after receipt of the amendment.(b) If the court conducts a hearing under section 14.6, the court shall issue a decree accepting, amending or rejecting the report and any amendment thereto not later than 30 days after the conclusion of the hearing.(c) If the court rejects the report of the probate magistrate or attorney probate referee, the court may hear the petition or refer the matter to the probate court administrator for assignment of another magistrate or referee under section 14.1. (C.G.S. section 45a-123.)
Section 14.8 Continuance or deferral of court action pending decision on reportIf the court determines that a petition referred under this rule must be resolved before the court hears another petition or motion in the same matter, the court may continue a hearing or defer action on the other petition or motion until the court issues the decree on the report of the probate magistrate or attorney probate referee. The court shall give notice of the continuance or deferral to each party and attorney of record.
Adopted November 7, 2012, effective 7/1/2013.