Rule 118 - Order to Show Cause for Recovery of Possession of Property(a) PETITION. (1)In General. A petition for an order to show cause for recovery of possession of property may be filed when it is believed that any person is in possession of and wrongfully withholding assets, papers, data, or information of or about: (B) a minor child's estate;(C) a ward's or subject's income, property, or estate; or(D) a trust or settlor of a trust subject to court supervision.(2)By Fiduciary. The following fiduciaries may file a petition for an order to show cause: (A) a personal representative;(B) a fiduciary for an adult ward, subject, or a minor child; or(3)By Interested Person or, in Intervention Proceeding, Other Persons. An interested person or, in an intervention proceeding, a subject, ward, party, or person granted permission to participate may file a petition for order to show cause against:(A) the personal representative in a decedent's estate;(B) the conservator or guardian of an adult ward;(C) the trustee of a trust subject to court supervision; or(D) a guardian of a minor child's property and estate.(4)Content of the Petition . The petition must state with particularity, or explain the absence of, the following facts and points and authorities: (A) a concise description of the asset, papers, data, or other information that is alleged to be wrongfully withheld;(B) the name, address, telephone number and any other pertinent identifying information about the person alleged to be wrongfully withholding;(C) a statement of the jurisdiction of this court over the subject matter and the person alleged to be wrongfully withholding;(D) the facts and law that would establish the right of the petitioner to demand production of the subject asset, paper, data, or other information, including but not limited to its alleged connection to the assets of the estate or its relevance to the administration of the estate;(E) a concise demand for relief, such as production of a particular asset or data, reimbursement of monies to the estate, or other specific relief; and(F) any other information that the petitioner determines to be relevant to the court's decision to issue the order to show cause.(5)Certification by Petitioner. The petition must include the petitioner's certificate that despite a good faith effort the petitioner has been unable to obtain the assets, papers, data, and information sought. The certification must state specific facts describing the good faith effort.(b) PROPOSED ORDER. The petition must be filed with a proposed order that is substantially similar in content and format to the form maintained by the Register of Wills.(c) ORDER TO SHOW CAUSE. Without waiting for a response to the petition, the court or the Auditor-Master may grant the petition and enter an order requiring the person alleged to be wrongfully withholding to appear and show cause why the person should not be ordered to:(1) disclose all of the assets, papers, data, and information in the person's possession, belonging to the decedent, ward, minor child, settler, or trustee;(2) disclose the location of the assets, papers, data, and information;(3) provide access to or deliver the assets, papers, data, and information; or(4) take such other action ordered by the court or the Auditor-Master.(d) SERVICE OF THE PETITION AND ORDER. (1) Service on Person Alleged to Be Wrongfully Withholding.(A)In General. A copy of the petition and order to show cause must be served, by a person other than the petitioner, on the person alleged to be wrongfully withholding, in the manner set forth in the civil rules for service of a summons and complaint.(B)Timing. The petition and order to show cause must be served at least 14 days prior to the hearing or within the time frame specified by the court.(2)Service on Other Persons. All other persons entitled to be served with a petition or motion must be served, by first class mail, with the petition and order to show cause.(3)Proof of Service. Proof of service of the petition and order to show cause must be by affidavit filed no later than the hearing set by the order.(e) RESPONSE TO ORDER TO SHOW CAUSE. (1)In General. The person alleged to be wrongfully withholding may file a responsive pleading to the petition at any time up to the date of the hearing.(2)Plea of Title. (A)Treating Petition as Complaint. If the responsive pleading asserts a plea of title, the court may treat the petition as a complaint filed under these rules and may: (ii) hold a status conference on the date set for the hearing; and(iii) enter any other appropriate order.(B)Complaint Fee. The petitioner must pay the complaint filing fee within 14 days after receiving notice of the court's intent to treat the petition as a complaint.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
If the petition is treated as a complaint, a jury demand must be timely made by any party desiring a jury trial. See Super. Ct. Civ. R. 38(b)(1).