12.10 Claims


(a) A claim based upon a written instrument shall be accompanied by a copy of the instrument.

(b) Unless a claim of the representative or the representative's attorney has been approved by each interested person whose share of the estate will be affected by the payment of the claim, the claimant shall apply to the court prior to the hearing on the claim for the appointment or waiver of a special administrator to appear and defend for the estate.

(c) If the representative or the representative's attorney waives the mailing or delivery of a copy of the claim, the time for filing pleadings is 30 days after the waiver or the filing of the claim, whichever is later.

(d) If a counterclaim is filed, a copy shall be delivered or mailed to the counterdefendant and the counterdefendant's attorney, as required by Circuit Court Rule 2.1, unless the counterdefendant or counterdefendant's attorney waives in writing the delivery or mailing.

(e) It is the duty of the attorney for the representative to appear in court on the call of a claim listed on the claim calendar. Subject to the discretion of the court, failure of the attorney to appear shall be deemed to be a consent to the allowance of the claim unless a responsive pleading has been filed.

[Amended August 8, 1996, effective September 3, 1996.]