730Citations

### 730 Citations > > (1)  A citation may issue – > > > > > > (a) on the application of any party who has pleaded in a probate action requiring a person not a party to the action who has an adverse interest to the applicant to appear and advising that person that judgment may be given without further notice to him or her; or > > > > > > > (b) in an action for the revocation of the grant of probate or letters of administration, on the application of the plaintiff against the person who obtained the grant of probate or letters of administration, requiring that person to bring into and leave at the Registry the probate or letters of administration. > > > (2)  A citation is to be – > > > > > > (a) in accordance with the prescribed form; and > > > > > > > (b) issued out of the Principal Registry by being sealed by the Principal Registrar. > > > (3)  A citation is not to issue unless there is filed an affidavit verifying the statements of fact to be made in the citation sworn by – > > > > > > (a) the applicant; or > > > > > > > (b) [*\[Rule 730 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS35@EN) if the Principal Registrar in special circumstances so allows, by the applicant's practitioner. > > > (4)  A citation is to be served personally on the person cited unless the Court or a judge orders substituted service. > > > (5)  Service of a citation may be effected out of the jurisdiction without the leave of the Court or a judge. > > > (6)  If a person against whom a citation under [subrule (1)(a)](#GS730@Gs1@Hpa@EN) has been issued fails to appear in the action, the party on whose application the citation was issued is not entitled to be heard at the trial of the action without the leave of the Court or a judge unless that party has filed an affidavit proving due service of the citation.