Detailed Answer
Under Virginia law, once all parties in a partition action have been served and the statutory response period expires, you can ask the court to schedule a hearing. Follow these steps:
- Confirm the response period has expired. Under Virginia Supreme Court Rule 3:9, a defendant generally has 21 days to respond after service. Verify that no answer or appearance has been filed within that time.
- File a motion for default and request a hearing. If a party fails to respond, you may seek a default judgment under Va. Code § 8.01-428 (law.lis.virginia.gov/…/8.01-428). In partition cases, you often combine this with a request to schedule a merits hearing under Va. Code § 8.01-209 (law.lis.virginia.gov/…/8.01-209).
- Prepare a notice of hearing. Draft a notice stating the case name, hearing date, time, courtroom, and purpose (e.g., to appoint a commissioner under Va. Code § 8.01-210 or to determine partition issues under § 8.01-209). Include a statement that the hearing will proceed despite any party’s default.
- File the notice with the clerk. Submit the notice of hearing—or praecipe—to the circuit court clerk’s office. Pay any required filing or hearing fees according to the local fee schedule.
- Serve all parties with the notice. Serve the notice at least 21 days before the hearing as required by Va. Sup. Ct. R. 3:9. Mail or hand-deliver it to each party and file a certificate or affidavit of service.
- Confirm the hearing date and docket entry. After filing, the clerk will docket the hearing. Contact the clerk to verify the date, time, and courtroom assignment.
- Attend the hearing. Appear with your petition, motions, proof of service, and any exhibits. If the opposing party remains in default, the court may hold an in-chambers or on-the-record default hearing to decide the partition or appoint a commissioner.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Helpful Hints
- Review local circuit court rules for any unique scheduling requirements.
- Use calendar reminders to track deadlines and hearing dates.
- Maintain organized proof of service for every document filed.
- Contact the clerks office early to reserve preferred dates.
- Consider alternative dispute resolution if co-owners dispute partition.