Detailed Answer
Once all defendants in a partition action under Arizona Revised Statutes have been served and the statutory response period has expired (generally 20 days for individuals, 30 days for public entities), you can move to schedule a hearing for partition. Follow these steps to comply with Arizona law:
- Confirm Response Period Has Ended
Under A.R.S. § 12-1203(B), a defendant has 20 days from personal service (or 30 days if a public entity) to answer the complaint. Ensure no answer or motion has been filed before proceeding. - Obtain a Hearing Date
Contact the court clerk or use the local e-filing/case management system to request a setting. Many Arizona superior courts maintain an online calendar for civil motions and prove-up hearings. - File a Notice of Hearing
Prepare and file a Notice of Hearing (sometimes called Request for Setting) under local rules. Include the case caption, date, time, courtroom, and purpose (prove-up of partition). Attach a proposed order if required by local practice. - Serve the Notice on All Parties
Serve the Notice of Hearing on every party and their counsel by certified mail or personal delivery. A.R.S. § 12-1205(C) requires at least 10 days’ notice before the hearing. Keep proof of service. - File Proof of Service and Affidavit of Default (if applicable)
If any defendant remains in default, file an affidavit of default and proof of service of the hearing notice. This ensures the court will proceed in default against non-responding parties. - Prepare Pre-Hearing Materials
Compile all necessary documents: property descriptions, title information, appraisals, partition plans, and any proposed decree of partition or sale. Furnish copies to the court and all parties as required by local rules. - Appear at Hearing and Present Evidence
At the hearing, present testimony or affidavits supporting the proposed division or sale of property. Address any remaining objections or issues raised by parties. - Submit Final Decree
After the court orally approves the partition, submit a proposed final decree of partition for signature. Ensure compliance with A.R.S. § 12-1205(E), which governs content of the court’s decree.
Key Arizona Statutes
- A.R.S. § 12-1203 (Service of summons and time to plead): https://www.azleg.gov/ars/12/01203.htm
- A.R.S. § 12-1205 (Notice of hearing; contents of decree): https://www.azleg.gov/ars/12/01205.htm
Helpful Hints
- Verify local superior court rules for timing and format of Notices of Hearing.
- Use electronic filing portals to secure available hearing dates faster.
- Include all parties’ correct mailing addresses to avoid delays in service.
- Review the court’s civil motion calendar for cut-off dates on filing Notices of Hearing.
- Consider informal settlement discussions before the prove-up hearing to narrow disputes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Arizona to discuss your specific situation.