Steps to Schedule a Hearing in a Nevada Partition Action

Disclaimer: This article is for general informational purposes only and is not legal advice. Always consult a licensed attorney regarding your specific situation.

Detailed Answer

Once all parties in a partition lawsuit have been served and the statutory response period has expired, you must take affirmative steps to secure a court hearing. Below is a step-by-step overview under Nevada law:

1. Check for Default or Answer

If no defendant filed an answer within 21 days after service of the complaint, you may pursue a default under NRCP 55.
If at least one party filed an answer, the case remains active and you follow the contested case process.

2. Entry of Default (When No Answer Is Filed)

File a Request for Entry of Default with the court clerk, citing Nevada Rule of Civil Procedure 55. The form must include an affidavit noting lack of response.
Upon clerk’s entry of default, prepare a Motion for Default Judgment asking the court to decree partition or sale per NRS 40.260 (link) and NRS 40.320 (link).
Include a proposed order and any supporting exhibits (e.g., property description, title documents).

3. Notice of Motion and Setting the Hearing Date

Contact the court’s civil calendar clerk or use the court’s online calendar system to request a hearing date.
File and serve a Notice of Motion and Motion for Default Judgment (or, in a contested case, the Motion for Partition) on all parties—at least Nevada’s minimum 14 days before hearing, per NRCP 6(c).
File a Certificate of Service confirming proper notice under NRCP 5(b).

4. Obtaining the Court’s Scheduling Order

In contested matters, file a Joint Case Conference Report and Proposed Scheduling Order after the answer is on file. Nevada local rules (e.g., Eighth Judicial District Court Local Rule LR 7-2) may govern deadlines.
Ensure the court signs and issues a Scheduling Order with deadlines for discovery, motions, and trial.

5. Attend the Hearing

Prepare to present evidence on why partition or sale is appropriate.
Bring originals or certified copies of all documents referenced in your motion.
Be ready to propose commissioners if the court orders partition by sale or division.

Helpful Hints

Confirm all statutory deadlines using Nevada Statutes (NRS).
Maintain organized exhibits and affidavits to support your default motion or partition request.
Always calendar the court’s motion-setting cut-off dates to avoid missing deadlines.
Check your local district court’s rules for specific motion-hearing procedures and fees.
Consider early mediation or stipulation to narrow disputed issues before hearing.