I am a probate administrator and I have a hearing coming up on several days. I requested an extension of time to file the inventory. Can I issue subpoenas using next week's hearing date? Or do I need to wait until the judge grants me an extension and then use that date?
If hearing next week is only to request added time to file I&E subpoening witnesses to testify in support of request is still possible, although probably not necessary. You may appear, explain reason for delay, request additional time.
If you are planning to object to I&E, you may subpoena witnesses and take testimony at hearing.
However, based on tight timeline may be best to continue hearing to allow you to intewrview witnesses and properly prepare for continued hearing.
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Its not entirely clear what is going on with this hearing, but if you are just requesting an extension of time to file an inventory, you would only have to subpoena witnesses who would testify about the circumstances of the extension request, which is probably not necessary. If you are requesting an extension of time at a hearing on the inventory or on a related claim such as undue delay in filing the inventory, then subpoena the necessary witnesses and inform them that the hearing date may be continued to a later date.
Don't you have an attorney in this matter?
No you can't. That isn't what subpeona's are used for. Show up and request an extension to file the I &A. Give the court a definite time to get this done. Don't delay.
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