Trial; pleading; dismissal
Sec. 12. (a) When any claim is transferred for trial, it shall not be
necessary for the personal representative to plead any matter by way
of answer, except a set-off or counter-claim, to which the plaintiff
shall reply. If the personal representative pleads any other matter by
way of defense, the claimant shall reply thereto; the sufficiency of
the statement of the claim, or any subsequent pleading, may be tested
by appropriate pleadings, and if objection be made that the assignor
of a claim not assigned by endorsement is not a party to the action,
leave shall be given the claimant to amend by making him a party to
answer to his interest in the claim and to sue out process against the
assignor to answer in that behalf. And if it shall be shown to the
court that any person is bound with the decedent in any contract
which is the foundation of the claim, the court shall direct that the
claim be amended by making such person a defendant in the action,
and process shall be issued against and served upon him, and
thereafter the action shall be prosecuted against him as a codefendant
with such personal representative and judgment shall be rendered
accordingly.
(b) If any claimant fails to attend and prosecute his claim at the
time the same shall be set down for trial, the court shall dismiss the
claim; and any subsequent prosecution of the claim against the estate
shall be at the costs of the claimant, unless good cause for such
failure to prosecute be shown.
(Formerly: Acts 1953, c.112, s.1412.) As amended by Acts 1978,
P.L.132, SEC.7.
Last modified: May 27, 2006