Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Massachusetts, partition actions are governed by Massachusetts General Laws Chapter 241. Once the complaint in partition has been served on all interested parties and no answer is filed within the time allowed, the plaintiff may seek to schedule a hearing. Follow these steps:
- Enter Default: If any defendant fails to answer within 20 days under Mass. R. Civ. P. 12(a), file a motion for default under Mass. R. Civ. P. 55. Once the clerk or judge enters default, the court may proceed without that party.
- Draft a Motion to Schedule Hearing: Prepare a motion requesting a hearing date for the partition decree. Cite Mass. Gen. Laws ch. 241, §4 and §6 (Section 4; Section 6).
- Submit Proposed Order and Notice: Attach a proposed scheduling order and a notice of hearing. The notice must state the date, time and location of the hearing and inform all parties of their right to attend and be heard.
- Serve Notice on All Parties: Serve the notice of hearing on each party, including those in default. Proof of service must be filed with the court before the hearing.
- Court Schedules Hearing: The clerk reviews your motion and proposed order. The court then issues an official hearing date on the docket and sends a notice to the parties.
- Attend the Hearing: Present your case that a partition or sale is appropriate. Provide necessary documents, such as property surveys, title evidence and any agreed proposals. If the court finds that partition or sale serves equity, it will issue a decree under ch. 241, §§4–6.
Helpful Hints
- Check local Superior Court rules for specific scheduling deadlines and fee requirements.
- File proof of service promptly to avoid delays in setting the hearing.
- Coordinate with other parties to agree on a convenient hearing date.
- Include a detailed property description and title documentation in your motion.
- Review any local court guides or clerk’s office checklists for partition proceedings.