Probate Examiner Email Parameters
Carefully read these parameters prior to emailing your probate examiner.
Failure to comply may result in your email going unanswered.
The email parameters set forth below allow a party to request a continuance, bring matters to the attention of the probate examiner and to request clarification for any information contained in the Probate Notes. However, emails are not a substitute for filing a supplement or other document for the purpose of clearing defects or changing information contained in the Probate Notes.
The email address is as follows:
- To alert the probate examiner, who prepared the notes, that a document or documents were filed in response to the Probate Notes.
- To ask a question as to specific defects or issues.
- To request a continuance (see guidelines below).
- Email messages requesting a continuance shall conform to the following:
- Requesting party is the petitioner or their attorney and there is no opposition.
- Requests for a continuance shall contain "CONTINUANCE" and the date of hearing in the subject line.
Note: For contested matters, advance agreement of all parties must be obtained prior to making a continuance request. (SDLR 4.4.3F) Proof of such agreement must be presented at the time the request is being made. Matters set for a Mandatory Settlement Conference (MSC), Case Management Conference (CMC), Trial Readiness Conference (TRC) or Trial cannot be continued by the examiner. If you wish to continue a MSC, CMC, TRC or Trial, you must contact the courtroom in which your matter is set.
- Email messages addressing probate notes shall conform to the following:
- May be sent only within two weeks of the hearing;
- Five lines as to each defect or issue;
- Limited to five defects;
- Limited to one email message per calendar matter per hearing date;
- No attachments.
- Any email communication with the court shall be simultaneously copied to all counsel and self-represented litigants. If an email address is unavailable, a copy of the email must be delivered by facsimile transmission. If a facsimile number is also unavailable, then a copy of the email must be sent the same day by U.S. Mail. The method of service on all counsel and self-represented parties shall be disclosed to the Examiner in the original email.
- All email correspondence must be received five court days prior to the hearing date and will be addressed on a priority basis according to hearing date. The probate examiners will make every effort to respond within 48 hours.
Sample Email Message
SUBJECT: [Probate Examiner’s Name], [Hearing Date], CONTINUANCE (if applicable)
THIS EMAIL WAS SERVED ON THE FOLLOWING PARTIES VIA [EMAIL / FAX / MAIL] ON [DATE OF SERVICE]:
[Names of all persons served]