Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan law, partition actions are governed by MCL 600.2701 and the Michigan Court Rules at MCR 3.206. Once all parties have been served and the response period has ended, follow these steps to schedule a hearing:
- Check for Default or Responsive Pleadings
Verify whether any defendant filed an answer or other responsive pleading. Under MCR 3.206(B), a party has 21 days after service to respond. If no response is filed, consider seeking a default. - Prepare the Motion and Notice of Hearing
Draft a motion or application requesting the hearing date and relief sought. Include a Notice of Hearing that complies with MCR 2.105, specifying the date, time, and location. - File with the Court Clerk
File the motion and Notice of Hearing with the circuit court clerk in the county where the action is pending. Pay any required filing fees and obtain a hearing date from the court’s calendar clerk. - Serve All Parties
Serve the motion and Notice of Hearing on all parties or their attorneys following MCR 2.107. Service must occur at least 14 days before the hearing, per MCR 2.108(B). - File Proof of Service
Submit an affidavit or certificate of service with the court clerk, confirming that all parties received the motion and Notice of Hearing at least 7 days before the scheduled hearing. - Submit Proposed Order
Some courts require a proposed order along with the motion. Check local court rules and submit the proposed order after filing the Notice of Hearing. - Attend the Hearing and Present Your Case
Appear on the scheduled date with all evidence and witnesses. After the hearing, obtain a signed order granting the requested relief.
Helpful Hints
- Review local circuit court scheduling procedures and fee schedules.
- Use the court’s electronic filing (e-filing) system if available to streamline service.
- Confirm hearing availability before finalizing dates to avoid multiple filings.
- Keep organized records of all filings, notices, and proofs of service.
- Consider early informal conference with the court clerk to clarify procedural requirements.