115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings. ����� (3) Notwithstanding subsection (2) of this section: ����� (a)

115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings.

����� (3) Notwithstanding subsection (2) of this section:

����� (a) ORCP 12 applies to any probate proceeding.

����� (b) ORCP 9, 10 A, 16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to 43, 44 A, B, D and E, 45, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71, 72 and 78 apply to a contested issue in a probate proceeding.

����� (c) The Oregon Evidence Code applies to a contested issue in a probate proceeding.

����� (4) For the purposes of applying the Oregon Rules of Civil Procedure to a contested issue in a probate proceeding:

����� (a) �Plaintiff� means any party asserting a claim for relief, whether by way of petition or motion; and

����� (b) �Defendant� means:

����� (A) Any party against whom the claim is asserted;

����� (B) Any party objecting to the petition or motion; or

����� (C) If the court issues a show cause order, the party subject to the order.

����� (5)(a) For the purposes of this section, an issue in a probate proceeding is contested if it is or arises from:

����� (A) A petition or motion for declaratory judgment, including a will contest;

����� (B) A petition to remove a court-appointed fiduciary;

����� (C) A petition or motion for affirmative relief of any sort against a person;

����� (D) A petition or motion to apportion the proceeds of a wrongful death settlement;

����� (E) If filed by a person other than the personal representative:

����� (i) A motion to increase the amount of the bond of the personal representative, or to require a new bond;

����� (ii) A petition to restrict the powers of the personal representative;

����� (iii) A petition to determine heirship;

����� (iv) A petition for instructions; or

����� (v) A petition to appoint a fiduciary other than the fiduciary nominated in the will admitted to probate;

����� (F) Any other petition or motion to which another person has filed an objection; or

����� (G) Any other petition, motion or show cause order determined by the court to be a contested issue in a probate proceeding.

����� (b) Notwithstanding paragraph (a) of this subsection, unless otherwise determined by the court, the following are not contested issues in probate proceedings:

����� (A) A petition for summary review of administration of a simple estate under ORS 114.550;

����� (B) A petition or motion for summary determination of a claim as provided in ORS 114.542 or