Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
After all parties in a Colorado partition action have been served and the statutory response period has ended, you must take a series of procedural steps to schedule a court hearing. Partition actions in Colorado are governed by Title 38, Article 5 of the Colorado Revised Statutes (C.R.S. § 38-5-101 et seq.).
1. Confirm Service and Response Deadline
Verify that each defendant was properly served under the Colorado Rules of Civil Procedure (C.R.C.P.) and that no answer or objection was filed within 21 days (or 35 days if served outside Colorado) pursuant to C.R.C.P. 12(a). Check the court docket to ensure no pending motions extend the response deadline.
2. Obtain Default, If Applicable
If a party failed to respond, file a motion for entry of default judgment under C.R.C.P. 55. Include an affidavit or declaration showing service and the expiration of the response period. After the clerk enters default, request the court set a hearing on the default under C.R.C.P. 55(b).
3. File a Motion or Notice to Set Hearing
If all parties have answered, prepare and file a Notice of Hearing or a joint Motion to Set Case Management Conference under C.R.C.P. 16. In either filing, propose specific dates and times for the hearing. Include a draft order for the judge’s signature.
4. Serve the Notice or Motion on All Parties
Serve your notice or motion on every party or their attorney and file a certificate of service. Under C.R.C.P. 6(e), allow at least seven days between service and the hearing date unless the court orders otherwise.
5. Court Issues Scheduling Order
Once the judge signs your proposed order, the clerk will enter a scheduling order or minute order setting the hearing date. It will outline deadlines for discovery, pre–hearing disclosures, and any status conferences.
6. Serve the Scheduling Order and Prepare for Hearing
Immediately serve the signed order on all parties. Meet any deadlines for witness lists, exhibits, and proposed findings of fact. On the hearing date, be ready to address partition by division or sale under C.R.S. § 38-5-102 and related provisions.
Helpful Hints
- Double-check the response deadline—extensions or motions can change it.
- Use the court’s online calendar or clerk’s office to find available hearing dates.
- Include proposed orders with every motion to streamline the judge’s review.
- Keep service affidavits and certificates of service organized in one file.
- Review C.R.C.P. 16 and 55 for specific timing and procedural requirements.