Section 1.15 Rules of Civil Procedure—Applicability

• Library: Estate Administration 2014 Supp

D. (§1.15) Rules of Civil Procedure—Applicability

Rule 41.01 makes certain civil rules applicable to probate procedure. Lankheit v. Estate of Scherer, 811 S.W.2d 853 (Mo. App. S.D. 1991); Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo. App. W.D. 1995). Specifically, Rule 41.01(b) provides:

Rules 41, 54.18, 55.03, 56, 57, 58, 59, 60, 61, 62, and 67.03 apply to proceedings in the probate division of the circuit court. The judge of the probate division may order that any or all of the other Rules 41 through 101 or specified subdivisions of the rules shall be applicable in a particular matter. Any such order shall specify the rules or subdivisions to be applied and a time for compliance with the order. The order shall be served upon all of the parties.

Rule 41.02 provides that the Rules of Civil Procedure “supersede all statutes and existing court rules inconsistent therewith.” But in Estate of Heidt, 785 S.W.2d 668...