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Maine: What Steps Are Required to Schedule a Hearing in a Partition Action After Service and Response Period

August 4, 2025 3 min read

Schedule a Hearing in a Partition Action in Maine

Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.

Detailed Answer

Under Maine law, once all parties in a partition action have been served and the statutory response period has expired, you may request the court to schedule a hearing to determine each party’s interest in the property and consider physical partition or sale. The process generally involves the following steps:

  1. Confirm Service and Response Deadline:
    • Ensure all defendants received proper notice under 14 M.R.S. §6391–6392. (See 14 M.R.S. §6391: legislature.maine.gov/statutes/14/title14sec6391.html.)
    • Verify that the 20-day answer period under M.R. Civ. P. 12 has ended. If no answers or motions to dismiss have been filed, the case is at issue.
  2. File a Praecipe or Motion for Hearing:
    • Prepare a praecipe for hearing (a formal request for a court date) or a motion under M.R. Civ. P. 16 seeking a scheduling conference. Include proof of service and a statement that the response period has lapsed.
    • File the praecipe or motion with the clerk of the Superior Court in the county where the property lies.
  3. Court Issues a Hearing Date:
    • The clerk or the judge will set a date for hearing pursuant to 14 M.R.S. §6395. (See 14 M.R.S. §6395: legislature.maine.gov/statutes/14/title14sec6395.html.)
    • Notice of the hearing date is served on all parties, typically by the court clerk, at least 7 days before the hearing under M.R. Civ. P. 40A.
  4. Pre-Hearing Preparation:
    • Exchange exhibits and witness lists, if any. Follow the court’s scheduling order or M.R. Civ. P. 26.
    • Review the requirements for appointing a master under 14 M.R.S. §6394 if the court directs. (See 14 M.R.S. §6394: legislature.maine.gov/statutes/14/title14sec6394.html.)
  5. Attend the Hearing:
    • Appear with evidence of ownership interests, appraisals, and any agreements between co-owners.
    • The court will determine the respective shares and may order partition in kind or a sale (14 M.R.S. §6395).
  6. Post-Hearing Order:
    • The court issues a judgment of partition, which may appoint a commissioner to conduct a sale or oversee division.
    • Ensure the order is recorded in the registry of deeds to protect title interests.

Helpful Hints

  • Maintain clear proof of service and track deadlines under M.R. Civ. P. 6.
  • Consult the Superior Court’s local rules for filing requirements and fees.
  • Consider stipulating with co-owners to expedite the hearing date.
  • Ask the court for a pre-hearing conference if case issues appear complex.
  • Review Maine Rule of Civil Procedure 16 for case management guidelines.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.