Detailed Answer
After all defendants in a partition action have been served and the statutory answer period has expired, you must formally set a hearing to resolve the partition or sale of the property. Nebraska law provides a framework for this process under Neb. Rev. Stat. §25-2159. Below is a step-by-step guide:
- Confirm Pleadings Are Closed. Make sure each defendant was served correctly and that no answers or responsive pleadings are pending. Under Nebraska law, parties generally have 30 days to answer a civil complaint.
- Obtain a Hearing Date from the Clerk. Contact the clerk of the district court where your case is pending. Ask for available slots on the court’s motion or merits calendar. Courts often require you to reserve a date before filing your notice.
- File a Notice of Hearing. Draft a Notice of Hearing (or a Motion to Set Hearing) that includes:
- The case caption and number.
- The chosen date, time, and courtroom.
- A reference to Neb. Rev. Stat. §25-2159, explaining that the court will determine whether to partition the property in kind or order a sale and appoint commissioners.
- Serve the Notice on All Parties. Serve the filed Notice of Hearing on every party or their counsel. Use the court’s e-filing system or certified mail. Check local rules for required lead time—many Nebraska courts expect at least 10 days’ notice.
- Submit a Proposed Order. Prepare and file a proposed order confirming the hearing date, time, and location. Once the judge signs it, the hearing officially goes on the docket.
- Prepare Pre-Hearing Disclosures. Review the court’s local pretrial or scheduling orders. Exchange witness lists, exhibit lists, and any required pre-hearing briefs or statements of issues.
- Appear and Present Evidence. On the hearing date, present testimony and exhibits to show why the court should partition in kind or order the property sold. The court uses this evidence to appoint commissioners and direct the partition process under Neb. Rev. Stat. §§25-2159 to 25-2162.
Always verify specific deadlines, format requirements, and fees with the clerk of court in your county.
Helpful Hints
- Check your district court’s online calendar before picking a hearing date.
- Reserve the date with the clerk before you draft your notice.
- Use Nebraska’s e-filing portal to confirm all filings and service events.
- Draft a concise Notice of Hearing to avoid rejection for technical errors.
- Serve notice in ample time to comply with local rules (often 10 days).
- Attach a proposed order to streamline judicial review and entry.
- Bring physical copies of exhibits and a copy of Neb. Rev. Stat. §25-2159 to the hearing.
Disclaimer: This article provides general information under Nebraska law. It does not constitute legal advice. Contact a qualified attorney to discuss your specific situation.