Probate Examiner Email Parameters

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: [email protected]

• Purposes:
  • 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

TO: [email protected]

SUBJECT: [Probate Examiner’s Name], [Hearing Date], CONTINUANCE (if applicable)



FROM:

ATTORNEY FOR:/SELF-REPRESENTED:

TELEPHONE:

DEPARTMENT:

CASE NUMBER:

CASE NAME:



MESSAGE:



THIS EMAIL WAS SERVED ON THE FOLLOWING PARTIES VIA [EMAIL / FAX / MAIL] ON [DATE OF SERVICE]:

[Names of all persons served]