Detailed Answer
Filing a partition action in West Virginia triggers a series of steps to schedule a court hearing once all parties have been properly served and the statutory period to answer has passed. Below is an overview of each required step under West Virginia law.
1. Determine if Default Applies
Under West Virginia Code §55-7-4, a defendant must file an answer within 30 days of service. If no answer appears, you may request a default judgment under Rule 55 of the West Virginia Rules of Civil Procedure. To do so, file a motion for default with the circuit court clerk and obtain an entry of default.
2. File a Motion or Notice to Schedule Hearing
If the case proceeds on the merits, prepare a written motion or notice of hearing. West Virginia Rule of Civil Procedure 16 governs scheduling orders. Your document should propose one or more hearing dates, identify the subject matter (partition of real property), and state estimated hearing time.
3. Coordinate with the Circuit Clerk
Contact the circuit court clerk to confirm available hearing dates. Clerks maintain the court calendar and will assign an official hearing date and time. Be sure to inquire about any local standing orders or scheduling practices in your circuit.
4. Serve the Notice of Hearing
After you secure a hearing date, prepare a Notice of Hearing form. Include the case name, docket number, hearing date, time, and courtroom. Serve this notice on all parties or their counsel by mail or as otherwise permitted under Rule 5 of the West Virginia Rules of Civil Procedure.
5. Publish Notice for Unknown Parties
If any interested parties remain unserved, West Virginia Code §55-7-3 requires publishing notice in a local newspaper of general circulation. Publication must occur once per week for three consecutive weeks, with the hearing date set no sooner than 30 days after the final publication.
6. Prepare for the Hearing
Gather deeds, surveys, title reports, and valuation evidence. If the court appoints commissioners per §55-7-7, provide them copies of all relevant documents in advance. Outline your arguments and be ready to explain how you recommend dividing the property or ordering sale and distribution of proceeds.
Helpful Hints
- Always check local circuit court rules for scheduling procedures.
- Confirm service dates carefully to avoid default issues.
- File all scheduling motions well before local filing cut-off times.
- Maintain clear communication with the circuit clerk’s office.
- Attend any pre-hearing conferences if required by local rule.
Disclaimer
This article is for educational purposes and reflects West Virginia law as of the publication date. It does not constitute legal advice. Consult a qualified attorney in your jurisdiction before taking action.