Detailed Answer
In North Dakota, partition actions fall under Chapter 32-25 of the North Dakota Century Code. Once all parties have been properly served and the response period has expired, you must take the following steps to set a hearing:
- Confirm the answer deadline has passed. Under N.D.C.C. § 32-25-05, defendants have 20 days to respond after personal service (or 30 days after publication). Ensure no answers remain pending before moving forward.
- File a praecipe or motion to schedule the hearing. Submit a praecipe for hearing (or a motion setting forth your proposed date, time, and courtroom) with the district court clerk. Include the partition petition’s caption and case number.
- Select a hearing date in compliance with statute. If the original summons did not fix a date, the court must set the hearing at least 30 days after the answer period expired, per N.D.C.C. § 32-25-07. Coordinate with the clerk’s calendar to choose an available date.
- Serve notice of hearing on all parties. Serve a copy of the hearing notice on each party under N.D.R.Civ.P. 5. This ensures everyone knows the date, time, and location. File proof of service with the clerk.
- Publish notice if any party defaulted. If someone failed to answer, you must publish notice once each week for three successive weeks before the hearing in a newspaper with general circulation in the county (N.D.C.C. § 32-25-07). File an affidavit of publication.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Helpful Hints
- Review local district court administrative rules for additional setting requirements.
- Contact opposing counsel to agree on a mutually acceptable date and avoid continuances.
- Verify clerk’s filing fees for praecipe or motion submissions.
- Request appointment of a referee under N.D.C.C. § 32-25-08 if the partition involves complex property interests.
- Confirm once more that all parties have been served and all statutory deadlines have passed before scheduling.