Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney licensed in Hawaii for advice on your specific situation.
Detailed Answer
In Hawaii, a partition action divides real property owned by two or more parties. After you file the complaint and serve all parties under Hawaii Rule of Civil Procedure (HRCP) 4, each defendant has 20 days to respond (HRS § 634-35). If no answer or responsive pleading appears by the deadline, follow these steps to schedule your hearing:
1. Apply for Entry of Default
File a Request for Entry of Default with the court clerk under HRCP 55(a). Include a proposed default order and a certificate of service showing you mailed the request to all parties or their counsel.
2. Obtain a Default Order
Once the clerk enters default, you may move for a default judgment or hearing date. Prepare a Motion for Default Judgment or Scheduling Order, attaching your proposed findings and property valuation where required by HRS § 669-1.
3. Check Local Court Procedures
Hawaii circuit and district courts maintain individual calendars and local rules. Visit your court’s website or contact the clerk’s office to learn deadlines, fees, and available hearing slots. Some counties require you to reserve time online or in person.
4. File Notice of Hearing
After the clerk confirms the date, file a Notice of Hearing that specifies the date, time, and courtroom. Serve that notice on all parties or their attorneys at least 14 days before the hearing, unless local rules impose a different timeframe.
5. Prepare Hearing Materials
Gather appraisals, title reports, and affidavits. Draft a proposed order dividing or selling the property. Attach these exhibits to your motion or the default judgment application.
6. Attend the Hearing
At the hearing, present evidence of ownership, property value, and any sale mechanics. The judge may grant partition in kind (physical division) or partition by sale. If no party appears, the judge often grants your proposed order.
Helpful Hints
- Confirm service methods: Use certified mail or personal service under HRCP 4 to avoid challenges.
- Review local fee schedules: Courts charge hearing and filing fees; budget accordingly.
- Monitor deadlines: Track the 20-day response period and any local notice requirements.
- Use clear exhibits: Label and tab all documents for the judge and clerk.
- Consider mediation: Early settlement can save time and legal costs.