Section 401. Appearance of parties 1  


Latest version.
  • 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.