Detailed Answer: Steps to Schedule a Hearing in a Minnesota Partition Action
Once all defendants have been served and the 20-day response period under Minnesota Rule of Civil Procedure 12.01 has expired, you can move forward to set a hearing. Follow these steps under Minnesota law:
- Verify the Response Deadline Has Lapsed
Under Minn. R. Civ. P. 12.01, a defendant must answer within 20 days of service. Confirm no answer or motion is pending.
- Prepare a Statement of Default
Draft an affidavit or statement noting the date of service and the lack of response. This document supports your request to proceed.
- File a Notice or Motion to Schedule Hearing
File with the court clerk either:
- a formal Motion to Schedule Hearing requesting a trial or hearing date; or
- a Notice of Hearing with a proposed order specifying date, time, and location.
- Serve the Notice or Motion on All Parties
Serve a copy on each party according to Minn. R. Civ. P. 6.02. Most counties require at least 14 days’ notice before the hearing.
- Submit a Proposed Order to the Court
Include a proposed order that sets the hearing date and identifies the issues for the court’s review.
- Confirm the Hearing with the Clerk’s Office
Check the case calendar online or contact the clerk to verify the hearing date and courtroom assignment.
- File a Certificate of Service
After serving the notice or motion, file a certificate of service to prove you provided all parties proper notice.
- Attend the Hearing
Arrive early on the hearing date. Bring your pleadings, evidence, and any witnesses. Follow courtroom procedures and any local rules.
Key references:
- Partition actions: Minn. Stat. § 558.03
- Response deadlines: Minn. R. Civ. P. 6.02
Helpful Hints
- Review your county’s local rules for specific notice and filing requirements.
- Use e-filing to track deadlines and submit documents electronically.
- Label your documents clearly: “Notice of Hearing – Partition Action.”
- Attach all certificates of service to filed notices and motions.
- Confirm any audio-visual needs with the courtroom in advance.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Minnesota attorney for guidance tailored to your situation.