What steps are required to schedule a hearing in a partition action in Missouri after the response period has ended? | Missouri Partition Actions | FastCounsel
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What steps are required to schedule a hearing in a partition action in Missouri after the response period has ended?

Detailed Answer

In Missouri, a partition action proceeds under RSMo § 512.020. After you file your complaint and serve all parties, defendants have 30 days to respond per RSMo § 506.150. Once that period expires and all answers (or defaults) appear, the case is “at issue.” At that point, you can set a hearing. Follow these steps:

  1. Confirm the case is at issue. If any party fails to answer, request entry of default under Missouri Supreme Court Rule 55.07 (Mo. Sup. Ct. R. 55.07).
  2. Review your local circuit court’s civil motion or scheduling rules. Many counties require a specific “Notice of Setting” form or online scheduling request. You can find local rules via the Missouri Courts Local Rules page.
  3. Prepare and file a Notice of Setting or Motion to Schedule Hearing. Propose dates and times that comply with the court’s scheduling procedures.
  4. Serve the Notice on all parties. Service deadlines vary; many courts require at least 7 days’ notice before the hearing.
  5. File proof of service with the court clerk.
  6. Receive confirmation from the clerk’s office. The clerk will assign a courtroom, date, and time.
  7. Exchange witness and exhibit lists under Mo. Sup. Ct. R. 61.01 (Trial Procedures) or as required by local rule.
  8. Attend the hearing on the scheduled date with all required documents and witnesses.

At the hearing, the court may appoint a partition commissioner under RSMo § 512.070 or order an in-kind division or sale per RSMo § 512.090 and RSMo § 512.130.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance in your specific situation.

Helpful Hints

  • Check your county’s motion practice sheet or website for local deadlines and forms.
  • Use the Missouri Courts online scheduling system if your circuit offers it.
  • Confirm hearing availability with all parties before selecting dates.
  • Maintain organized proof of service for all filed documents.
  • Prepare exhibits and witness lists well before the hearing date.
  • Regularly check the court’s website for updates on scheduling procedures.

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.