Disclaimer: This article provides general information and is not legal advice. Consult a licensed attorney in Indiana for advice specific to your situation.
Detailed Answer
In Indiana, a partition action divides co-owned real estate when co-owners cannot agree. After filing the complaint, serving all parties, and waiting the response period (typically 20 days under Indiana Trial Rule 6), the plaintiff may schedule a hearing. Follow these steps under Indiana law:
- Confirm Default or Responsive Pleadings: Review the court file. If a defendant did not answer within 20 days, request an entry of default under Indiana Trial Rule 55. If all parties filed answers, proceed without a default.
- Prepare a Notice of Hearing: Draft a written Notice of Hearing. Include the case caption, date, time, and purpose (partition hearing). Indiana Code § 32-17-1-7 requires the court to set the cause down for hearing once all parties have appeared or default has been entered. Ind. Code § 32-17-1-7.
- File the Notice and Proposed Order: Submit the Notice of Hearing and a proposed order with the clerk. Ask the court to schedule the hearing date. Use the form of entry recommended by local rules or Trial Rule 7(B).
- Serve the Notice on All Parties: Serve the Notice of Hearing on every party or their attorney by the minimum period required by local practice (often 7–10 days). Use certified mail, personal service, or the method approved by the court. File proof of service (Affidavit of Service).
- Confirm the Hearing Date: After the judge signs the order setting the hearing, obtain a filed copy from the clerk. Verify the date, time, and courtroom assignment with the clerk’s office.
- Attend the Hearing: Appear at the scheduled time. Present evidence such as appraisals or a proposed partition plan. The court may appoint commissioners to survey the property and report their recommendations under § 32-17-1-7.
Following these steps will help ensure your partition hearing is timely set and properly noticed. Always verify local rules for specific notice periods, filing methods, and courtroom protocols.
Helpful Hints
- Review Indiana Trial Rule 6 for computing response deadlines accurately.
- Check your county’s local rules for minimum hearing notice requirements.
- Use the Indiana General Assembly website to confirm current code sections.
- File documents electronically if your county participates in e-filing.
- Maintain clear proof of service to avoid challenges at the hearing.