Detailed Answer
When all defendants in a Kansas partition action have been served and the statutory response period ends with no further pleading, you can move to schedule a hearing on partition. Follow these steps to ensure compliance with state law and local court practice:
Step 1: Confirm the Deadline Has Passed
Under Kansas law, most parties must answer within 20 days of personal service or 30 days of out-of-state service. Verify that no answer or responsive motion was filed by these deadlines. If a party did not respond, you may first seek default under K.S.A. 60-255.
Step 2: File Your Motion or Notice of Hearing
If all parties answered and you are ready to proceed, prepare a Notice of Hearing on your partition motion. If someone defaulted, file both an Application for Default and a motion for partition. Include a proposed order date, time and courtroom.
Step 3: Secure a Hearing Date with the Clerk
Contact the district court clerk’s office (in person, by phone or via the e-filing portal) to request available dates. Under K.S.A. 60-206, the clerk assigns hearing and trial dates in accordance with local rules.
Step 4: Serve the Notice of Hearing
Serve your Notice of Hearing (and default application, if used) on all parties in accordance with Kansas Supreme Court Rules—typically at least 7 days before the hearing date. File proof of service with the court to document notice.
Step 5: Prepare Required Hearing Materials
Partition actions often require property valuations, witness and exhibit lists, and proposed journal entries. Under K.S.A. 60-1007, the court may hear testimony directly or appoint a special master for appraisal. File all supporting documentation in advance per local scheduling orders.
Step 6: Pay Filing and Hearing Fees
Ensure all applicable fees—motion fees, hearing fees or master’s fees—are paid when you file your notice. Confirm with the clerk that your hearing is calendared.
Step 7: Attend the Hearing and Obtain the Order
Appear at the assigned date and present your motion, valuations and any testimony. After the court grants partition or sale, file the final journal entry under K.S.A. 60-1001 et seq. to complete the action.
Helpful Hints
- Check local county practice guides for specific hearing-setting procedures and deadlines.
- Confirm whether your county requires pretrial conferences or forms before hearing.
- Use the Kansas eCourt eFiling portal to monitor deadlines and docket updates.
- Include a certificate of service with your notice to avoid challenges to hearing validity.
- Label valuation exhibits clearly and exchange them with opposing counsel in advance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney for guidance on your specific situation.