Detailed Answer
Once all parties in an Idaho partition action have been served and the 20-day response period has run under Idaho Rules of Civil Procedure (I.R.C.P.) 12(a), you can move forward to schedule a hearing. Below are the core steps under Idaho law:
- Determine if the case is contested or in default.
- If no defendant filed an answer or appearance within 20 days, request entry of default under I.R.C.P. 55(a).
- If an answer was filed, the action is contested and you must follow pretrial scheduling procedures.
- Obtain a hearing date from the court clerk.
- Contact the clerk’s office in the county where the action sits and request a civil motion or bench trial date on the partition calendar.
- Local rule deadlines often require a hearing notice at least 14 days before the hearing (I.R.C.P. 6(d)).
- Prepare and file your hearing documents.
- If in default, file a Motion for Default Judgment and a proposed order granting partition or sale.
- If contested, file a Notice of Hearing on your motion for partition or on pretrial matters.
- Include a proposed partition plan, affidavits (e.g., nonmilitary status), and any supporting appraisals.
- Cite Idaho Code § 6-307, which authorizes the court to order partition by sale or in-kind division: I.C. § 6-307.
- Serve the Notice of Hearing.
- Serve every party of record by mail or in person at least as many days before the hearing as required by I.R.C.P. 6(d) (commonly 14 days).
- File a Certificate of Service with the court.
- Attend the hearing.
- Bring originals of all filed documents and three copies of the proposed order.
- Be prepared to discuss the proposed method of partition (in kind vs. sale) and the appointment of a commissioner.
- If the court approves, it will sign an order referring the matter to a commissioner or authorizing a sale.
Key Statutes and Rules:
• Idaho Code § 6-307 (Partition by sale or in kind)
• I.R.C.P. 55 (Defaults and Default Judgment)
• I.R.C.P. 6(d) (Calculating and Extending Time)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney to discuss your specific situation.
Helpful Hints
- Review your county’s local civil rules for specific motion-calendar deadlines.
- Confirm hearing dates early—courts can fill calendars weeks in advance.
- Double-check proof of service to avoid postponements.
- Consider preparing a brief summary of the proposed partition plan for the judge.
- If the case is contested, ask the court for a scheduling order to set discovery and motion deadlines.