Detailed Answer
After the parties in a Washington partition action have been served and the 20-day response period under the Washington Rules of Civil Procedure has ended, you can proceed to schedule a hearing by following these key steps:
- Confirm Answer Status. If a defendant fails to file an answer within 20 days of service (see CR 12(a)(1)), request entry of default under RCW 7.60.150. File a motion for default with the clerk’s office and include a copy of the summons and affidavit of service.
- File a Motion to Set Hearing. Prepare and file a “Motion to Set Hearing” or a “Notice of Hearing” indicating the purpose (e.g., partition by sale, appointment of commissioner, or confirmation of sale). Attach a proposed order and a certificate of service. Under Local Civil Rule 4(f)(1), hearings must be set at least 16 court days in advance.
- Obtain a Hearing Date. Contact the court calendar clerk or use the court’s online scheduling system. Identify the duration needed (commonly 30–60 minutes for a partition hearing) and propose multiple dates and times to expedite approval.
- Serve Notice of Hearing. Serve all parties of record with the filed motion, proposed order, and notice of hearing. Comply with Washington Civil Rule 6(d) by serving the notice at least 5 court days before the hearing for electronic service, or 8 court days for mail.
- File Proof of Service. Within the time required by CR 5(b), file the proof of service form with the court to confirm all parties received notice of the hearing.
- Prepare Pretrial Requirements. If the action is contested, comply with pretrial directives in LCR 16. This may include a case schedule, witness/exhibit lists, mediation reports, and status conference statements.
- Attend the Hearing. Arrive early, bring multiple copies of exhibits, and be ready to present evidence on ownership interests, valuation, and proposed method of partition (in-kind or sale). The court will hear testimony, consider any objections, and may appoint a commissioner or confirm a sale under RCW 7.60.150.
Note: Partition statutes are found at RCW 7.60.
Helpful Hints
- Review local superior court rules on hearing scheduling and default procedures.
- Coordinate with co-owners to agree on hearing dates and time estimates.
- Prepare a clear exhibit list and summary to streamline the hearing.
- File all motions and proofs of service electronically via e-filing where available.
- Consider settlement or mediation before the hearing to reduce costs.
Disclaimer: This article provides general information regarding Washington partition actions. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.