Detailed Answer
When all parties have been served with a partition complaint in Oregon and the 30-day response period under Oregon Rules of Civil Procedure (ORCP) 7 has closed, you can move forward to set a hearing. Follow these key steps:
- Determine Case Status
• No answer filed: Proceed with default under ORCP 69.
• Answer filed: Prepare for trial scheduling under ORCP 16 and ORCP 17. - If No Answer: Obtain Default
• File an Affidavit for Default under ORCP 69(A): state the defendant’s failure to plead.
• Clerk enters default. You now need to set a default hearing to confirm sale or partition decree. - If Answer Filed: Prepare Case Management
• Serve and file a Case Management Statement per ORCP 17(C).
• Notify the court you are ready for trial or a scheduling conference.
• The court may issue a Scheduling Order setting deadlines. - Contact the Court Clerk
• Call or check the county court’s website for available hearing or trial dates.
• Note any local rules on how far in advance dates must be reserved. - File and Serve a Notice of Hearing
• Draft a Notice of Hearing indicating date, time, location, and purpose (default confirmation or trial).
• Serve the Notice on all parties under ORCP 7 and ORCP 9.
• File a Certificate of Service with the clerk. - Confirm and Attend Hearing
• Double-check the courtroom assignment and filing of any required pre-hearing documents (evidentiary exhibits or hearing briefs).
• Attend on the scheduled date to obtain the court’s partition order.
Key statutes and rules:
- Partition actions: ORS 105.005–.190 (Oregon Revised Statutes), https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
- Answer period: ORCP 7, https://www.courts.oregon.gov/rules/system/Pages/rules.aspx?rule=ORCP%207
- Default procedure: ORCP 69, https://www.courts.oregon.gov/rules/system/Pages/rules.aspx?rule=ORCP%2069
- Case management: ORCP 16 and 17, https://www.courts.oregon.gov/rules/system/Pages/ORCP.aspx
Helpful Hints
- Review local county court rules for partition actions.
- Reserve hearing dates early through e-filing or by phone.
- Serve all parties promptly to avoid continuances.
- Include a proposed order with your Notice of Hearing.
- Consider mediation before trial to narrow issues.
Disclaimer: This article is for general information only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.