Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
In Maryland, once all parties in a partition action have been properly served and the response period has expired, the case is ready to move forward to a hearing. Below are the key steps you must follow to schedule that hearing:
- Verify Expiration of Response Period. Under Maryland Rule 6-202(a), defendants have 30 days after service to respond. Confirm that no answers or other pleadings remain pending. If a party fails to respond, you may seek a default under Maryland Rule 2-613.
- Prepare a Notice of Hearing. File and serve a Notice of Hearing on all parties in compliance with Maryland Rule 2-504. The notice must include:
- Date, time, and location of the hearing;
- Subject matter (e.g., appointment of a commissioner or final partition hearing);
- A statement that the hearing will be held at least 30 days after service of the notice.
- File Certificate of Service. After serving the Notice of Hearing, promptly file a certificate of service with the court clerk to demonstrate compliance with Rule 2-504.
- Contact the Court Clerk. Reach out to the clerk’s office to confirm available hearing dates, pay any required fees, and reserve the courtroom or hearing room.
- Submit Pre-Hearing Materials. If the court requires pre-hearing submissions—such as a proposed order, exhibit list, or witness list—file these documents in advance of the hearing date.
- Attend the Hearing. On the scheduled date, appear at the designated courtroom. Be prepared to address the court and present your evidence or arguments regarding partition. The court may then appoint a commissioner under CJP § 4-402 or issue a final order.
Helpful Hints
- Review your local circuit court’s administrative guidelines for specific scheduling procedures.
- Serve all parties personally or by certified mail to avoid service disputes.
- Maintain a hearing date calendar and set reminders for critical deadlines.
- Consider filing a proposed order with the notice to streamline the judge’s review.
- If a party defaults, you may request the court to enter a default judgment before scheduling the final hearing.
- Consult the full Maryland Rules of Procedure for additional procedural details.