The Applicant, Colleen Buye, challenged various estate planning and financial transactions undertaken by her mother, Joyce Fisher, on the grounds of lack of capacity and undue influence. Rule 6.8 arose when the Respondents relied on the examination of non-parties, including Joyce’s former and current counsel, as part of the Summary Trial record.

The Court noted that Horner J. had previously ordered a Summary-Trial litigation plan that specifically authorized examinations of non-parties under Rule 6.8. Accordingly, when Colleen’s counsel objected to the Respondents’ reliance on the transcript of questioning of Joyce’s litigation counsel, the Court dismissed that objection. Justice Bourque held that Rule 6.8 examinations had been properly conducted pursuant to the litigation plan and that the resulting evidence was both relevant and material to the issues before the Court, particularly regarding Joyce’s capacity to execute a January 10, 2023 Enduring Power of Attorney.

In admitting and relying upon the evidence of Joyce’s counsel, the Court confirmed that Rule 6.8 permits the examination of non-parties when authorized by Order and when such evidence is necessary to resolve factual disputes efficiently within a Summary-Trial process.