Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Ohio, partition actions follow procedures set forth in Chapter 5307 of the Ohio Revised Code and the Ohio Rules of Civil Procedure. Once all parties have been served and the 28-day response period has expired, you must take several steps to schedule a hearing and move the case forward.
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Determine Whether a Response Was Filed
Check the court docket to confirm no answer or other pleading was filed within 28 days of service. If no response exists, you may proceed under the default provisions of Civil Rule 55 and R.C. 5307.06. -
Obtain an Entry of Default
File a motion or praecipe for an entry of default with the clerk under Civ.R. 55(A). Attach proof of service and an affidavit demonstrating the deadline has passed without a response. Once the clerk enters default, proceed to default judgment steps. -
File a Motion for Default Judgment or Status Conference
For a default judgment in a partition action, prepare and file a motion under Civ.R. 55(B), referencing the relief sought (partition and appointment of commissioners). If the case is contested, request a status conference or pretrial conference under Civ.R. 16. See R.C. 5307.07 (appointment of commissioners) and R.C. 5307.09 (commissioners’ report). -
Secure a Hearing Date with the Court
Contact the court clerk or the judge’s bailiff to request available hearing dates. Provide copies of your motion and proposed entry scheduling the hearing. Make sure the date complies with any local rule requirements for advance scheduling. -
Serve Notice of Hearing
Serve the entry scheduling the hearing on all parties who appeared in the case under Civ.R. 5(B). Absent a local rule, deliver notice at least seven days before the hearing under Civ.R. 6(D). File proof of service with the clerk. -
Attend the Hearing
On the scheduled date, present your motion, affidavits, and any commissioner report. If granted, the court will issue an order for partition and may appoint commissioners or confirm a sale under R.C. 5307.13. Obtain a certified copy of the entry to implement the court’s order.
Helpful Hints
- Keep detailed timelines: track the 28-day response window and any notice deadlines under Civ.R. 6.
- Review local court rules: some counties require longer notice or specific praecipe formats to schedule hearings.
- Prepare a proposed judgment entry: submitting a draft can expedite the court’s ruling after the hearing.
- Consider engaging an attorney: partition actions involve complex procedures and property valuations.