Detailed Answer
After all parties have been served and the response period has ended under Iowa law, you must formally set your partition action for hearing. Follow these steps to ensure proper scheduling:
- Confirm the response deadline has passed. Ensure at least 20 days have elapsed since the return day of the summons in accordance with Iowa Code § 658.1 (view statute).
- File a notice of hearing (praecipe). Prepare and submit a written notice of hearing or praecipe to the clerk of court. Include the proposed hearing date, time, and courtroom.
- Serve the hearing notice. Deliver a copy of the filed hearing notice to each party who has appeared, following the methods described in Iowa R. Civ. P. 1.301 (minimum 20 days’ notice for motion hearings).
- Publish notice if any party remains unserved. If a co-owner has not responded or cannot be located, publish notice in a newspaper of general circulation in the county where the property lies, per Iowa Code chapter 618 (view statute).
- Obtain and confirm the court’s hearing date. The clerk will assign a hearing date—typically no sooner than 20 days after the notice is filed. Verify this date and include it in all subsequent notices to parties.
- Prepare for the hearing. Gather relevant deeds, valuation reports, surveys, and any evidence supporting your request for partition or sale.
Key Statutes: Iowa Code § 658.1, Iowa Code § 658.2, Iowa Code ch. 618, Iowa R. Civ. P. 1.301.
Helpful Hints
- Review local district court rules: scheduling forms and deadlines can vary by county.
- File your praecipe early to accommodate potential administrative delays.
- Double-check service methods—mail, personal service, or publication—to avoid challenges later.
- If a defendant defaults, file a motion for default judgment before the hearing.
- Consider informal settlement or mediation to narrow disputes and streamline the hearing.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.