Detailed Answer
After you serve defendants in a Utah partition action (see Utah Code § 78B-6-501) and the 20-day response window closes, you can set the case for hearing. Follow these steps to schedule your partition hearing:
- Check for Default or Answer
- If a defendant fails to answer within 20 days, file a Request for Clerk’s Default under Utah R. Civ. P. 55 (https://www.utcourts.gov/resources/rules/uprcp/uprcp55/). Once the clerk enters default, you can proceed to a default hearing.
- If all defendants answer, prepare to schedule a contested hearing.
- Contact the Court Clerk
- Identify the district or county court where you filed (e.g., Third District Court).
- Call or e-mail the civil clerk’s office to learn available hearing dates. Many courts require at least 21 days’ notice (Utah R. Civ. P. 6(d)).
- Prepare and File a Notice of Hearing
- Use your court’s standard “Notice of Hearing” form or draft a document that includes:
- Case caption and number
- Type of hearing (e.g., motion for partition, default hearing)
- Date, time and courtroom location
- File the Notice of Hearing with the clerk. Utah R. Civ. P. 7(d) requires that you serve all parties at least 7 days before a motion hearing—and courts often set a 21-day schedule for contested matters (https://www.utcourts.gov/resources/rules/uprcp/uprcp7/).
- Serve All Parties
- Electronically or by mail, serve each party with the filed Notice of Hearing and proof of service.
- Ensure compliance with Utah R. Civ. P. 5 for service of pleadings and notices.
- Submit Proposed Orders and Exhibits
- Prepare a proposed order for judgment of partition or sale. Utah Code § 78B-6-501 allows the court to divide property in kind or order sale.
- Attach supporting materials such as property appraisals, partition maps, and title reports.
- File these documents at least 7 days before the hearing, per local court rules.
- Attend the Hearing
- Appear on the scheduled date with originals of all filings.
- Present your partition plan, witness testimony, and any valuation evidence.
- Answer the judge’s questions on fairness and feasibility of the proposed division.
Once the hearing concludes, the judge issues an order dividing or selling the property under Utah Code §§ 78B-6-501 to 78B-6-507 (https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S501.html). Ensure you follow any post-hearing deadlines in the order.
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Confirm local court scheduling policies online or by phone—each district may differ.
- Include multiple date options in your hearing request to speed up scheduling.
- Keep proof of service for every document; the court will require it at the hearing.
- Review Utah R. Civ. P. 16 on pretrial conferences—some courts require a case management plan.
- Bring extra copies of maps and appraisals for each party and the judge.