Detailed Answer
Once all respondents in a Montana partition action have been served and the 21-day response period has expired (Mont. R. Civ. P. 12(a)), you must take the following steps to schedule a hearing:
- Verify Service and Response Deadlines
Confirm that each defendant was served properly under Mont. Code Ann. § 70-29-104 (70-29-104) and that no answers remain outstanding. If a party failed to answer, you may request entry of default under Mont. R. Civ. P. 55. - Default or Answer Status
• If any defendant defaulted, file a Motion for Default Judgment and proposed decree of partition.
• If all parties answered, proceed to scheduling your hearing on the merits. - Prepare a Proposed Scheduling Order
Under Rule 16 of the Montana Rules of Civil Procedure, prepare and file a proposed scheduling order. This document should set deadlines for:
– Discovery completion (Mont. R. Civ. P. 26–37)
– Dispositive motions (Mont. R. Civ. P. 12 and 56)
– Exchange of witness lists and exhibits (Mont. R. Civ. P. 26(a)(3)) - Contact the Clerk for Hearing Dates
Reach out to the district court clerk’s office in the county where the action is pending. Provide:- A copy of your proposed scheduling order
- A cover letter requesting specific hearing dates (including alternative dates if possible)
- The stipulation of counsel, if opponents agree on timing
- Serve Notice of Hearing
Once the court assigns a date, file and serve a Notice of Hearing on all parties. Follow Mont. R. Civ. P. 6 and 5 for timing and methods of service. Ensure the notice includes:- The date, time, and courtroom location
- A brief summary of the relief requested
- File Prehearing Disclosures
At least 30 days before the hearing, file and serve:- Exhibit lists and copies of key exhibits (Mont. R. Civ. P. 26(a)(3)(B))
- Witness lists with contact information (Mont. R. Civ. P. 26(a)(3)(A))
- Attend the Hearing
On the scheduled date, appear in court ready to present testimony and evidence. The judge will hear any objections, evaluate partition methods (in-kind division or sale), and issue a decree under Mont. Code Ann. § 70-29-106 (70-29-106).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Begin scheduling early—court calendars fill quickly.
- Confirm local court rules: each Montana district may have unique requirements.
- Consider a prehearing conference to narrow issues.
- Always serve documents with proof of service attached.
- Keep all parties informed of any agreed date changes.