Detailed Answer
Once all parties have been served and the statutory response period under KRS 426.020 has expired, you must take specific steps to set a hearing date for a partition action in Kentucky. Follow these steps to comply with the Kentucky Rules of Civil Procedure (CR) and the Kentucky Revised Statutes (KRS):
1. File a Motion or Notice to Set Hearing
Prepare and file a Motion to Set Hearing or Notice of Hearing with the circuit court clerk. Cite the authority under KRS 426.120, which governs the court’s power to appoint a commissioner and conduct a partition hearing.
2. Provide Proposed Dates
In your motion or notice, offer at least three mutually convenient date ranges. This practice speeds up scheduling and reflects good faith under CR 1.1 and local court rules.
3. Serve the Notice on All Parties
After filing, serve the motion or notice on every party (or their counsel) using methods approved by CR 5.02. Typically, service by mail requires at least five days’ notice; in-person delivery may require fewer days. Confirm timing with the local court clerk.
4. Pay Any Required Fee
Some Kentucky counties charge a motion or scheduling fee. Contact the circuit court clerk’s office to determine the exact amount and acceptable payment methods.
5. Receive Hearing Date
The clerk’s office or judge’s staff will select a hearing date. They will enter it on the court docket and notify all counsel or self-represented parties.
6. File and Serve Confirmation
After the court sets the date, file a Certificate of Service confirming that you delivered the scheduled date to all parties. Keep a copy for your records.
7. Prepare for the Hearing
Gather deeds, survey plats, and title reports. Under KRS 426.170, the court may appoint a commissioner to inspect the property and report back before final decree.
Helpful Hints
- Review local court scheduling rules—each Kentucky circuit may have unique deadlines.
- Confirm service deadlines under CR 5 and local rules to avoid delays.
- Prepare a proposed order granting your motion with available hearing dates.
- Check if electronic filing (e-filing) is mandatory in your county.
- Maintain a clear chain of title and property descriptions to streamline the commissioner’s work.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney in Kentucky for advice specific to your situation.