Rule C-8 - Proceedings in Contested Cases(a) COMMENCEMENT OF ACTION. An action to (1) contest a petition for the appointment of a conservator, (2) to remove a conservator, (3) for instructions, or (4) any other action regarding the conservator may be commenced by any party in interest by filing a verified complaint with the Register of Wills. Except as otherwise provided, the procedure in such actions, including service of process, is governed by the civil rules.(b) SUMMONS. The Register of Wills must issue a summons upon the request of the plaintiff in the action. In an action brought pursuant to this rule to contest a petition for the appointment of, or to remove, a conservator or for instructions, the summons must be directed to all interested persons and all indispensable parties under Civil Rule 19. In any other action against the estate, the summons must only be directed to the conservator and may be directed to others. In such actions against an estate in which the interested persons are not named parties, the conservator must notify the interested persons of the pendency of the actions and of the right to intervene. The notice must be provided by first class mail within 21 days after service of the action; and the conservator must file a certificate reflecting service of the notice at the time of filing a response.(c) DISCOVERY. When a complaint is filed pursuant to this rule, the parties may proceed with discovery pursuant to the civil rules.(d) SCHEDULING AND SETTLEMENT CONFERENCE. Within 120 days after a complaint has been filed, the court must conduct an initial scheduling and settlement conference.(e) OTHER CONTESTED MATTERS. All other contested matters which are not initiated by complaint, including objections to reports or petitions filed with the court, must be treated as motions. The court may permit discovery upon a showing of good cause.Sup. Ct. R. D.C. app C R. R. C-8
Adopted by Order dated March 4, 2022, effective 8/22/2022.