What Steps Are Required to Schedule a Hearing in a Partition Action After Service and the Response Period Have Ended? (WI) | Wisconsin Partition Actions | FastCounsel
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What Steps Are Required to Schedule a Hearing in a Partition Action After Service and the Response Period Have Ended? (WI)

August 4, 2025 3 min read

Scheduling a Partition Action Hearing in Wisconsin

Detailed Answer

After all parties in a Wisconsin partition action have been served and the statutory response period has passed, the next step is to set a hearing to resolve any outstanding issues or enter judgment. Below are the key steps you or your attorney must follow under Wisconsin law:

  1. Confirm Service and Deadline: Verify proof of service on all defendants and confirm that the 40-day answer period under Wis. Stat. §842.10 has expired. (Wis. Stat. §842.10)
  2. Determine Default vs. Contested Status: If a defendant failed to answer, file for default under Wis. Stat. §806.02. For contested actions, proceed with a regular motion to schedule the hearing.
  3. Prepare Notice of Motion and Motion for Hearing: Draft a Notice of Motion and Motion for Hearing. State the relief requested (e.g., appointment of a commissioner, partition plan approval, or sale of property) and propose available hearing dates. Under Wis. Stat. §801.14, provide at least 10 days’ notice before the hearing.
  4. File and Serve the Motion: File your Notice of Motion and Motion with the court clerk and serve all parties or their counsel. Include a proof of service. Ensure that service and filing comply with local circuit court rules.
  5. Obtain Hearing Date from Clerk: After filing, contact the clerk’s office to confirm the hearing date. The clerk will schedule the motion on the court’s calendar and may issue a hearing notice as required by local rule.
  6. File Proposed Order or Judgment: Prepare a proposed order or judgment detailing the partition method (in-kind division or sale) and any commissioner appointment. Submit it with your motion to streamline court review.
  7. Attend the Hearing: Present supporting evidence, such as property valuations or survey reports. Address any objections. After the hearing, the court will issue an order implementing the partition.

Helpful Hints

  • Review local circuit court rules for motion scheduling procedures and filing deadlines.
  • Draft motions and proposed orders in clear, concise language to avoid delays.
  • Attach affidavits or exhibits that support your proposed division or sale plan.
  • Serve all parties at least 10 days before the hearing under Wis. Stat. §801.14.
  • Contact the clerk’s office early to confirm availability and avoid scheduling conflicts.
  • Keep copies of all filings and proofs of service in a dedicated case file.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney for guidance specific to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.