Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
After a partition action has been served on all defendants in Alaska Superior Court and the statutory response period has expired without an answer, you may move forward to schedule a hearing. Partition suits in Alaska follow the procedures set out in AS 09.48.010 et seq. and the Alaska Rules of Civil Procedure (ARCP). The key steps are:
- Confirm Response Period Has Ended. Under ARCP 12(a), defendants have 20 days to respond after service. If no answer or responsive pleading is filed in that time, you may proceed as if the defendants have defaulted.
- Prepare a Request for Hearing Assignment. Draft a Request for Hearing form or letter to the court clerk asking for a hearing date. Include the case number, parties’ names, and a brief statement that all parties were served and the response period has expired.
- File a Proposed Order. Attach a proposed order setting the hearing date. Specify the date, time, courtroom, and estimated length of the hearing. Judges in Alaska often use these proposed orders to streamline scheduling.
- Serve Notice of Hearing on All Parties. Even if a party has not appeared, you must serve a notice of hearing on every party of record under ARCP 5(b). Alaska courts require at least 14 days’ notice for motions or hearings (see ARCP 6(d)).
- Submit Certificate of Service. File with the court a certificate of service confirming the date and method by which you served the notice and proposed order on all parties.
- Obtain Your Hearing Date. The court clerk will respond with a hearing date. If the court issues an order before the hearing, review it carefully for instructions on evidence or appraisal reports.
- Prepare Required Materials. Under AS 09.48.010 (https://www.akleg.gov/basis/statutes.asp#09.48.010), you may need to submit:
- Commissioners’ report on property valuation.
- Appraisal or expert testimony.
- Proof of service and default (if entering default judgment provisions).
- Appear at the Hearing. Present your evidence, witness testimony, and any legal arguments. If no defendants appear, the court may proceed and issue an order dividing or selling the property.
Helpful Hints
- Start the hearing request early to accommodate court calendar delays.
- Follow local rules and any division-specific forms (check Alaska Superior Court forms online).
- Keep meticulous records of service and filings—judges rely on these documents when parties default.
- If a defendant appears after the hearing is scheduled, you may need to re-service or seek court permission to proceed.
- Consider consulting with an attorney experienced in Alaska property division to review your filings.