Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Rhode Island for guidance on your specific situation.
Detailed Answer
Under Rhode Island law, once a partition complaint is filed and served, and the 20-day response period has expired under R.I. R. Civ. P. 12, you can move to schedule a hearing to advance the case toward either a division of property or appointment of commissioners. Follow these steps:
- Establish Default or Responsive Status
Confirm no answer has been filed. If a defendant fails to respond within 20 days, you may seek a default under R.I. R. Civ. P. 55. If an answer was filed, note any contested issues. - File Motion for Default (if needed)
If a party is in default, file a Motion for Default Judgment with the Superior Court clerk’s office citing R.I. R. Civ. P. 55. Attach proof of service and request entry of default. - Prepare a Praecipe or Motion to Schedule Hearing
Under R.I. R. Civ. P. 16, draft a praecipe (or motion) requesting the court set a hearing date on the partition issues. Include the case name, docket number, and proposed hearing length. - Submit a Proposed Scheduling Order
Attach a draft scheduling order outlining deadlines for discovery, pre-hearing submissions, and the hearing date. This helps the court manage pretrial tasks efficiently. - Serve Notice of Hearing
Serve all parties with the motion or praecipe and proposed order under R.I. R. Civ. P. 5. Include the date, time, and location of the hearing once calendared by the clerk. - Pay Required Fees
Confirm with the clerk’s office whether a hearing fee or additional docket fees apply. Pay any outstanding filing fees to avoid delays. - Submit Pretrial Materials
Provide the court and opposing parties with any affidavits, exhibits (e.g., property surveys), and witness lists at least five days before the hearing, or as required by local practice. - Court Calendars the Hearing
After reviewing your praecipe and proposed order, the clerk will assign a hearing date and issue a notice. Verify the date promptly and re-serve updated notice if necessary. - Attend the Hearing
Be prepared to present arguments on partition valuation, division methodology, or appointment of commissioners under R.I. Gen. Laws § 9-19-7 (Appointment and duties of commissioners): http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-19/9-19-7.HTM. The court may then issue an order directing the next steps in the partition process.
Note: The court often appoints commissioners to assess and divide property when parties cannot agree. Those commissioners report back results in writing under R.I. Gen. Laws § 9-19-8: http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-19/9-19-8.HTM. You may need a separate hearing to confirm their report.
Helpful Hints
- Check court calendars early—Superior Court hearing slots fill quickly.
- Keep a copy of all filed motions, proofs of service, and proposed orders.
- Engage opposing parties in informal settlement talks; an agreed-upon division can avoid formal hearings.
- Review R.I. R. Civ. P. 16 and local Superior Court rules for detailed scheduling requirements.
- Consider consulting an attorney if complex valuation or multiple parties complicate the partition.