Statement of issues · as in force on May 31, 2026
(a) At least 10 days prior to the trial of the issues joined in any proceeding, except where an order framing issues has theretofore been made, the petitioner shall file with the court a statement, in writing, of the nature of such issues, the party who holds the affirmative as to each issue, and the objections, if any, which the petitioner concedes to be well taken or which may have been withdrawn.
(b) In accounting proceedings, an additional notation shall be included in the statement as to any modifications of the account to which the parties consent.
This rule requires the petitioner to file a written statement of issues before trial.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.