Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
In Arkansas, a partition action divides real property owned jointly by two or more parties. Scheduling a hearing after service of the complaint and expiration of the response period involves several procedural steps under the Arkansas Rules of Civil Procedure and the Arkansas Code.
1. Confirm Service and Response Period
- Serve the complaint and summons on all parties per Ark. R. Civ. P. 4.
- Allow 30 days (plus mailing time) for each defendant to file an answer under Ark. R. Civ. P. 12(a).
2. Determine if a Default Entry Is Necessary
- If a defendant fails to answer, request a clerk’s entry of default under Ark. R. Civ. P. 55(a).
- File a motion for default judgment under Ark. R. Civ. P. 55(b) to obtain court approval to proceed with a hearing on valuation and division.
3. Calculate Notice Deadlines
- Compute the hearing date using Ark. R. Civ. P. 6: exclude the day of filing, count full days, include weekends unless the last day falls on a weekend or holiday.
- Check local rules for minimum notice—often seven days before the hearing.
4. File and Serve a Notice of Hearing
- Draft a Notice of Hearing stating date, time, location, and purpose (e.g., valuation of property).
- File the notice with the circuit clerk.
- Serve the notice on all parties (including defaulted parties) via mail or as the court requires.
- If the location or identity of any owner is unknown, publish notice once a week for three consecutive weeks in a local newspaper (Ark. Code § 16-64-103: link).
5. Obtain a Scheduling Order (If Applicable)
- Some circuit courts require parties to submit a proposed scheduling order or confirm the hearing date with the judge’s clerk.
- If all parties have answered, stipulate to the hearing date and file the stipulation with the court.
6. Attend the Hearing
- Present evidence of property value (appraisals, expert testimony).
- Propose methods of partition (sale, division in kind, allotment of shares).
- Follow the judge’s instructions; the court will issue an order dividing or selling the property under Ark. Code § 16-64-301: link.
Helpful Hints
- Review local circuit court rules for specific hearing notice requirements.
- Keep copies of all filings, service receipts, and certificates of mailing.
- Confirm the courtroom and judge assigned before serving the Notice of Hearing.
- Use certified mail or process server for critical documents to verify service dates.
- Consult Ark. R. Civ. P. 6 and 55 for counting deadlines and default procedures: Rule 6, Rule 55.
- If multiple tracts are involved, consider a preliminary conference to narrow issues and streamline the hearing.