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This entry was published on 2014-09-22
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SECTION 401
Appearance of parties 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 4
§ 401. Appearance of parties

1. Who may appear. A party other than an infant, incompetent or
conservatee may appear and prosecute or defend a special proceeding in
person or by attorney, except that a corporation or voluntary
association shall appear by attorney. An infant by the guardian of his
property, an incompetent by the committee of his property and a
conservatee by his conservator may appear and prosecute or defend a
special proceeding in person or by attorney as provided in 402.

2. How made. An appearance is made by pleading, by waiver, by serving
upon the attorney for the petitioner and filing with the clerk a signed
notice of appearance or by appearance in person noted upon the record in
open court. The notice may be signed by any person authorized under
subdivision 1 to appear for the party.

3. Evidence of attorney's authority. Where a party is a
non-domiciliary or has not been served personally with process within
the state the court may require

(a) that any person appearing for the party furnish acknowledged
evidence of authority so to appear and

(b) the authorization to set forth whether there has been executed
previously by the party

(i) any power of attorney or similar instrument relating to the
party's interest in the estate and

(ii) any assignment of the interest.

4. Appearance by waiver of process. Any adult competent party may also
appear by an acknowledged waiver of issuance and service of process
which upon filing with the clerk is equivalent to the filing of an
acknowledged notice of appearance under subdivision 2. In a probate
proceeding the waiver shall state the date of the will to which it
relates and that a copy has been furnished or examined.

5. Termination of appearance of consul. When a consular official shall
have appeared in behalf of an alien, a subsequent appearance by the
attorney in fact of the alien pursuant to recorded power of attorney or
appearance by an authorized attorney shall terminate the appearance of
the consul.