11-5-49 - Answer not required in certain cases.
§ 11-5-49. Answer not required in certain cases.
In proceedings in matters testamentary and of administration, in minors' business, and in cases of persons with mental retardation, persons with mental illness and persons of unsound mind, as provided for by law, no answer shall be required to any petition or application of any sort. Such a petition or application shall not be taken as confessed because of the lack of an answer, but every petition, application, or account shall be supported by the proper evidence and may be contested without an answer. All such proceedings shall be as summary, as the statutes authorizing and regulating them contemplate; however, when either of the parties having a controversy in court as to any of those several matters requires and the court sees proper, it may direct plenary proceedings by bill or petition, to which there shall be an answer on oath or affirmation. If an adult or sane party refuses to answer as to any matter alleged in the bill or petition and proper for the court to decide upon, the party refusing may be attached, fined, and imprisoned at the discretion of the court, and the matter set forth in the bill or petition shall be taken as confessed and a decree shall be made accordingly.
Sources: Codes, 1860, § 1863; 1892, § 523; 1906, § 574; Hemingway's 1917, § 334; 1930, § 370; 1942, § 1281; Laws, 2008, ch. 442, § 4, eff from and after July 1, 2008.