Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Texas, after you file a petition for partition, serve all parties, and allow the 20-day response period to expire, you must follow statutory and procedural rules to schedule a hearing. The key steps are:
- Identify Hearing Purpose: Determine whether you are requesting the appointment of commissioners, confirmation of their report, an order for sale, or another partition-related relief. See Texas Property Code Chapter 23 (Tex. Prop. Code §§ 23.001–23.013).
- Prepare a Notice of Setting or Motion: Draft a document stating the hearing’s purpose, preferred date, time, and courtroom. Cite Texas Rules of Civil Procedure 21 and 239 (TRCP 21; TRCP 239).
- Contact the Court Coordinator: Reach out to the district or county court coordinator’s office to obtain available hearing dates. Each court maintains its own docket and scheduling procedures.
- Serve All Parties: Under TRCP 21, serve the notice of setting or motion on opposing counsel and any unrepresented parties at least three days before the hearing (excluding the day of service and the hearing day). Acceptable methods include personal delivery, certified mail, fax, or electronic service per TRCP 21a.
- File Proof of Service: File an affidavit or certificate of service with the clerk to demonstrate that all parties received proper notice.
- Gather Evidence and Legal Authority: Compile deeds, surveys, title documents, and statutes supporting your request. For example, use Tex. Prop. Code § 23.007 for confirmation of the commissioners’ report.
- Attend the Hearing: Appear on the scheduled date and present your arguments and evidence. The court may appoint commissioners, confirm their partition plan, or order a sale based on the hearing record.
- Obtain and Serve the Signed Order: After the hearing, obtain a certified copy of the signed order and serve it on all parties as required by TRCP 21a to finalize the process.
Helpful Hints
- File your notice or motion at least 10 days before the desired hearing to allow sufficient time for court scheduling and service.
- Use the court’s online scheduling portal if available to streamline the process.
- Confirm hearing details in writing with the court coordinator to avoid conflicts or last-minute changes.
- Maintain a case-specific file with copies of all filings, service documents, and correspondence to track deadlines.
- Regularly review Tex. Prop. Code Chapter 23 and the Texas Rules of Civil Procedure for updates or amendments.