What Steps Are Required to Schedule a Hearing in a Partition Action in Montana After Service and the Response Period Has Ended? | Montana Partition Actions | FastCounsel
MT Montana

What Steps Are Required to Schedule a Hearing in a Partition Action in Montana After Service and the Response Period Has Ended?

Detailed Answer

Once all respondents in a Montana partition action have been served and the 21-day response period has expired (Mont. R. Civ. P. 12(a)), you must take the following steps to schedule a hearing:

  1. Verify Service and Response Deadlines
    Confirm that each defendant was served properly under Mont. Code Ann. § 70-29-104 (70-29-104) and that no answers remain outstanding. If a party failed to answer, you may request entry of default under Mont. R. Civ. P. 55.
  2. Default or Answer Status
    • If any defendant defaulted, file a Motion for Default Judgment and proposed decree of partition.
    • If all parties answered, proceed to scheduling your hearing on the merits.
  3. Prepare a Proposed Scheduling Order
    Under Rule 16 of the Montana Rules of Civil Procedure, prepare and file a proposed scheduling order. This document should set deadlines for:
    – Discovery completion (Mont. R. Civ. P. 26–37)
    – Dispositive motions (Mont. R. Civ. P. 12 and 56)
    – Exchange of witness lists and exhibits (Mont. R. Civ. P. 26(a)(3))
  4. Contact the Clerk for Hearing Dates
    Reach out to the district court clerk’s office in the county where the action is pending. Provide:

    • A copy of your proposed scheduling order
    • A cover letter requesting specific hearing dates (including alternative dates if possible)
    • The stipulation of counsel, if opponents agree on timing
  5. Serve Notice of Hearing
    Once the court assigns a date, file and serve a Notice of Hearing on all parties. Follow Mont. R. Civ. P. 6 and 5 for timing and methods of service. Ensure the notice includes:

    • The date, time, and courtroom location
    • A brief summary of the relief requested
  6. File Prehearing Disclosures
    At least 30 days before the hearing, file and serve:

    • Exhibit lists and copies of key exhibits (Mont. R. Civ. P. 26(a)(3)(B))
    • Witness lists with contact information (Mont. R. Civ. P. 26(a)(3)(A))
  7. Attend the Hearing
    On the scheduled date, appear in court ready to present testimony and evidence. The judge will hear any objections, evaluate partition methods (in-kind division or sale), and issue a decree under Mont. Code Ann. § 70-29-106 (70-29-106).

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Helpful Hints

  • Begin scheduling early—court calendars fill quickly.
  • Confirm local court rules: each Montana district may have unique requirements.
  • Consider a prehearing conference to narrow issues.
  • Always serve documents with proof of service attached.
  • Keep all parties informed of any agreed date changes.

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.