Detailed Answer
After the plaintiff serves the partition petition and summons and the response period expires, follow these steps to schedule your hearing in Vermont Superior Court.
- Verify Service and Default Status. Confirm all defendants were served according to Vermont Rule of Civil Procedure 4. Ensure the 20-day response period has lapsed and no answer was filed.
- Review Statutory Notice Timing. Under 12 V.S.A. § 4515(b), the hearing date must be at least 20 days after service. Plan your proposed hearing date accordingly. (12 V.S.A. § 4515)
- File a Notice of Hearing. Prepare and file a Notice of Hearing with the court clerk. Include the case caption, hearing date, time and location, and reference the partition petition.
- Serve the Notice. Serve the Notice of Hearing on all parties at least 20 days before the scheduled hearing. Use certified mail or personal service in compliance with V.R.C.P. 4.
- File Proof of Service. File an affidavit or certificate of service with the clerk before the hearing.
- Court Scheduling. The clerk enters the hearing on the court calendar and issues a confirmation to all parties. If the clerk maintains a local hearing schedule, coordinate any special requests (e.g., remote appearance).
Helpful Hints
- Keep a copy of all filed documents and proofs of service.
- Propose multiple hearing dates to fit the court’s calendar.
- Confirm any filing fees with the clerk’s office in advance.
- Check the court’s website for specific hearing procedures or remote options.
- Contact the clerk’s office promptly if you face scheduling conflicts or need guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.