Detailed Answer
Under Oklahoma law, once all parties have been served and the 20-day response period has expired, you can ask the court to schedule a hearing in a partition action by following these steps:
- Confirm Service and Default Entry
Check the return of service or affidavit confirming each party received the petition. If a defendant does not respond within 20 days, request entry of default under 12 O.S. § 759 (link). - File a Motion to Set Hearing
Prepare and file a written motion to set a hearing date. Cite 12 O.S. § 761 (link), include the case number, title, and propose at least two possible hearing dates. - Serve Notice of Hearing
Serve each party—both responding and defaulted—with the motion and notice of hearing at least three days before the hearing date, per 12 O.S. § 757 (link). - Publish Notice if Required
If any defendant’s address is unknown or they are non-residents, publish notice once a week for three consecutive weeks in a local newspaper. Ensure the last publication occurs at least ten days before the hearing (12 O.S. § 757). - File Proof of Service and Publication
File affidavits or publisher’s affidavit confirming personal service and publication. The court must have proof at least three days before the hearing. - Attend Hearing and Obtain Court Order
Appear on the scheduled date. Present evidence of title, ownership interests, and proposed division. The judge will issue an order partitioning the property or appointing commissioners to sell under 12 O.S. § 763 (link).
By completing these steps, you ensure the court has proper notice and can proceed to resolve the partition action.
Helpful Hints
- Review your local county court’s procedural rules for any local deadlines or form requirements.
- Confirm hearing dates with the court clerk before serving notice.
- Keep copies of all filed documents and proof of service for your records.
- If co-owners agree on a division, submit a written stipulation to streamline the process.
- Consult a real estate attorney if title issues or boundary disputes arise.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney for advice tailored to your situation.