30.1-03 Notice - Parties - Representation and Other Matters
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<![CDATA[CHAPTER 30.1-03NOTICE - PARTIES - REPRESENTATION AND OTHER MATTERS30.1-03-01. (1-401) Notice - Method and time of giving.1.If notice of a hearing on any petition is required and, except for specific notice<br>requirements as otherwise provided, the petitioner shall cause notice of the time and<br>place of hearing of any petition to be given to any interested person or the interested<br>person's attorney if the interested person has appeared by attorney or requested<br>that notice be sent to the interested person's attorney. Notice shall be given:a.By mailing a copy thereof at least fourteen days before the time set for the<br>hearing by certified or ordinary first-class mail addressed to the person being<br>notified at the post-office address given in that person's demand for notice, if<br>any, or at that person's office or place of residence, if known;b.By delivering a copy thereof to the person being notified personally at least<br>fourteen days before the time set for the hearing; orc.If the address, or identity of any person is not known and cannot be ascertained<br>with reasonable diligence, by publishing at least once a week for three<br>consecutive weeks, a copy thereof in a newspaper having general circulation in<br>the county where the hearing is to be held, the last publication of which is to be<br>at least ten days before the time set for the hearing.2.The court for good cause shown may provide for a different method or time of giving<br>notice for any hearing.3.Proof of the giving of notice shall be made on or before the hearing and filed in the<br>proceeding.30.1-03-02.(1-402) Notice - Waiver.A person, including a guardian ad litem,conservator, or other fiduciary, may waive notice by a writing signed by the person or the<br>person's attorney and filed in the proceeding.30.1-03-03. (1-403) Pleadings - When parties bound by others - Notice. In formalproceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated<br>persons, and in judicially supervised settlements, the following apply:1.Interests to be affected must be described in pleadings that give reasonable<br>information to owners by name or class, by reference to the instrument creating the<br>interests or in another appropriate manner.2.A person is bound by an order binding another in the following cases:a.An order binding the sole holder or all coholders of a power of revocation or a<br>presently exercisable general power of appointment, including one in the form<br>of a power of amendment, binds another person to the extent that person's<br>interests, as objects, takers in default, or otherwise, are subject to the power.b.To the extent there is no conflict of interest between them or among persons<br>represented, an order binding a conservator binds the person whose estate the<br>conservator controls; an order binding a guardian binds the ward if no<br>conservator of the ward's estate has been appointed; an order binding a trustee<br>binds a beneficiary of the trust in proceedings to probate a will establishing or<br>adding to a trust, to review the acts or accounts of a former fiduciary and in<br>proceedings involving creditors or other third parties; an order binding a<br>personal representative binds a person interested in the undistributed assets ofPage No. 1a decedent's estate in actions or proceedings by or against the estate; and an<br>order binding a sole holder or all coholders of a general testamentary power of<br>appointment binds other persons to the extent their interests as objects, takers<br>in default, or otherwise are subject to the power.c.Unless otherwise represented, a minor or an incapacitated, unborn, or<br>unascertained person is bound by an order to the extent the person's interest is<br>adequately represented by another party having a substantially identical<br>interest in the proceeding.3.If no conservator or guardian has been appointed, a parent may represent a minor<br>child.4.Notice is required as follows:a.The notice prescribed by section 30.1-03-01 must be given to every interested<br>person or to one who can bind an interested person as described in<br>subdivision a or b of subsection 2. Notice may be given both to a person and to<br>another who may bind that person.b.Notice is given to unborn or unascertained persons who are not represented<br>under subdivision a or b of subsection 2 by giving notice to all known persons<br>whose interests in the proceedings are substantially identical to those of the<br>unborn or unascertained persons.5.At any point in a proceeding, a court may appoint a guardian ad litem to represent<br>the interest of a minor, an incapacitated, unborn, or unascertained person, or a<br>person whose identity or address is unknown, if the court determines that<br>representation of the interest otherwise would be inadequate. If not precluded by<br>conflict of interests, a guardian ad litem may be appointed to represent several<br>persons or interests. The court shall state its reasons for appointing a guardian<br>ad litem as a part of the record of the proceeding.Page No. 2Document Outlinechapter 30.1-03 notice - parties - representation and other matters]]>