Detailed Answer
In Missouri, a partition action proceeds under RSMo § 512.020. After you file your complaint and serve all parties, defendants have 30 days to respond per RSMo § 506.150. Once that period expires and all answers (or defaults) appear, the case is “at issue.” At that point, you can set a hearing. Follow these steps:
- Confirm the case is at issue. If any party fails to answer, request entry of default under Missouri Supreme Court Rule 55.07 (Mo. Sup. Ct. R. 55.07).
- Review your local circuit court’s civil motion or scheduling rules. Many counties require a specific “Notice of Setting” form or online scheduling request. You can find local rules via the Missouri Courts Local Rules page.
- Prepare and file a Notice of Setting or Motion to Schedule Hearing. Propose dates and times that comply with the court’s scheduling procedures.
- Serve the Notice on all parties. Service deadlines vary; many courts require at least 7 days’ notice before the hearing.
- File proof of service with the court clerk.
- Receive confirmation from the clerk’s office. The clerk will assign a courtroom, date, and time.
- Exchange witness and exhibit lists under Mo. Sup. Ct. R. 61.01 (Trial Procedures) or as required by local rule.
- Attend the hearing on the scheduled date with all required documents and witnesses.
At the hearing, the court may appoint a partition commissioner under RSMo § 512.070 or order an in-kind division or sale per RSMo § 512.090 and RSMo § 512.130.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance in your specific situation.
Helpful Hints
- Check your county’s motion practice sheet or website for local deadlines and forms.
- Use the Missouri Courts online scheduling system if your circuit offers it.
- Confirm hearing availability with all parties before selecting dates.
- Maintain organized proof of service for all filed documents.
- Prepare exhibits and witness lists well before the hearing date.
- Regularly check the court’s website for updates on scheduling procedures.