What steps are required to schedule a hearing in a partition action in Oregon? | Oregon Partition Actions | FastCounsel
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What steps are required to schedule a hearing in a partition action in Oregon?

Detailed Answer

When all parties have been served with a partition complaint in Oregon and the 30-day response period under Oregon Rules of Civil Procedure (ORCP) 7 has closed, you can move forward to set a hearing. Follow these key steps:

  1. Determine Case Status
    • No answer filed: Proceed with default under ORCP 69.
    • Answer filed: Prepare for trial scheduling under ORCP 16 and ORCP 17.
  2. If No Answer: Obtain Default
    • File an Affidavit for Default under ORCP 69(A): state the defendant’s failure to plead.
    • Clerk enters default. You now need to set a default hearing to confirm sale or partition decree.
  3. If Answer Filed: Prepare Case Management
    • Serve and file a Case Management Statement per ORCP 17(C).
    • Notify the court you are ready for trial or a scheduling conference.
    • The court may issue a Scheduling Order setting deadlines.
  4. Contact the Court Clerk
    • Call or check the county court’s website for available hearing or trial dates.
    • Note any local rules on how far in advance dates must be reserved.
  5. File and Serve a Notice of Hearing
    • Draft a Notice of Hearing indicating date, time, location, and purpose (default confirmation or trial).
    • Serve the Notice on all parties under ORCP 7 and ORCP 9.
    • File a Certificate of Service with the clerk.
  6. Confirm and Attend Hearing
    • Double-check the courtroom assignment and filing of any required pre-hearing documents (evidentiary exhibits or hearing briefs).
    • Attend on the scheduled date to obtain the court’s partition order.

Key statutes and rules:

  • Partition actions: ORS 105.005–.190 (Oregon Revised Statutes), https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
  • Answer period: ORCP 7, https://www.courts.oregon.gov/rules/system/Pages/rules.aspx?rule=ORCP%207
  • Default procedure: ORCP 69, https://www.courts.oregon.gov/rules/system/Pages/rules.aspx?rule=ORCP%2069
  • Case management: ORCP 16 and 17, https://www.courts.oregon.gov/rules/system/Pages/ORCP.aspx

Helpful Hints

  • Review local county court rules for partition actions.
  • Reserve hearing dates early through e-filing or by phone.
  • Serve all parties promptly to avoid continuances.
  • Include a proposed order with your Notice of Hearing.
  • Consider mediation before trial to narrow issues.

Disclaimer: This article is for general information only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

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.