Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Louisiana law, once the petition for partition is served on all parties and the time to answer has expired (see La. R.S. 13:494), you may proceed to schedule a hearing. Follow these steps:
- Verify Answer Period Expiration
Confirm that the statutory delay for filing an answer has lapsed. Louisiana Revised Statutes require service of citation and petition with a 10-day delay for defendants to respond. If any defendant appeared, ensure they have answered or the default period has closed. (La. R.S. 13:494) - File a Motion to Set Hearing
Prepare and file a written Rule to Show Cause or motion to set a hearing on the partition petition. Include a proposed order that fixes the date, time, and place of the hearing. Under the Louisiana Code of Civil Procedure, motions generally require at least five days’ notice to all parties. (La. C.C.P. art. 1911) - Serve Notice of Hearing
Provide all parties with notice of the scheduled hearing by personal service or mail, depending on court rules. Attach the order setting the hearing, specifying the confirmation of partition or appointment of commissioners. Keep proof of service in the record. - Submit to the Court Clerk
Deliver the motion, proposed order, and proof of service to the clerk’s office. The clerk will assign a docket number (if not already assigned) and calendar the matter for the judge’s signature. - Obtain Court’s Signature
After review, the judge signs the order setting the hearing. The clerk then issues the official notice, which you must serve on all parties at least five days before the hearing date. - Attend the Hearing
Appear in court on the scheduled date. At the hearing, the court will consider any objections and, if everything is in order, may appoint commissioners to appraise and partition the property. (La. R.S. 13:501) - Next Steps After Hearing
Once commissioners file their report, you must set a final confirmation hearing. Serve notice as required by La. R.S. 13:505, after which the court can confirm the partition or sale.
Helpful Hints
- Double-check local court rules for specific notice periods and filing procedures.
- File proof of service immediately after serving all documents.
- Include a proposed order with every motion to expedite the judge’s review.
- Keep communication clear and concise in all filings.
- Track all deadlines on a calendar to avoid delays or defaults.