Election to be respondent
88.58 Election to be respondent
(1) A person cited to see a proceeding may, except where he has lodged a caveat requiring proof in solemn form of a will to which the proceeding relates, include in his notice of appearance a statement that he elects to be a defendant in the proceeding.
(2) Where the person cited elects under subrule (1) to be a defendant in a proceeding, he shall, on filing his notice under subrule (1), become a defendant in the proceeding and the proceeding shall continue as if he were joined as a defendant by the originating process and as if he were served with the originating process on the day on which he was served with the citation to see the proceeding.
(3) Where the person cited has lodged a caveat requiring proof in solemn form of a will to which the proceeding relates, he may, after filing a notice of appearance in the proceeding, apply for an order adding him as a party in the proceeding.
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