Rule 4 Proceedings to Determine Death and Status
Rule Text
Any interested person may seek an order determining presumed death by filing a petition with the court. The petition must include a statement of facts sufficient to sustain a finding that a person should be presumed dead and must list all known creditors, known heirs, and, if applicable, any devisees of the person for whom the order is sought. No later than five days after the petition is filed, the Clerk of Court shall schedule a petition hearing. The clerk shall schedule the hearing so that it occurs no later than 90 days after the petition was filed. The petitioner shall provide a notice of the hearing and serve the notice in accordance with Rules 6 and 7. At the hearing, the court shall consider the petition and any evidence presented. If the court finds, by a preponderance of evidence, facts sufficient to sustain a finding of presumed death, as provided by 8 CMC § 2106, the court shall grant the petition. The court shall enter an order with findings of fact and conclusions of law based on the evidence provided to the court.