Disclaimer: This is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer: Scheduling a Hearing in a Wyoming Partition Action
Under Wyoming law, partition actions fall under the Uniform Partition of Heirs Property Act (Wyo. Stat. §§ 1-29-201 et seq.) and the Wyoming Rules of Civil Procedure. Once all parties have been served and the statutory response period (20 days) has expired without objections or after all answers are on file, follow these steps to schedule a hearing:
- Confirm the Answer Deadline Has Passed.
Under W.R.C.P. 12(a)(1)(A), respondents must answer within 20 days. Verify the clerk’s docket to ensure no pending motions or answers remain.
- File a Request for Setting or Certificate of Readiness.
Prepare and file a form titled “Request for Hearing” or “Certificate of Readiness” indicating that no further pleadings remain and the case is ripe for appointment of commissioners. Cite W.R.C.P. 16(a) to show compliance with pretrial scheduling.
- Contact the Court Clerk.
Call or visit the clerk’s office of the district court where the complaint was filed. Provide your preferred date ranges, noting local scheduling blocks or judge availability.
- Obtain a Hearing Notice or Scheduling Order.
The clerk will issue either a Notice of Hearing or a formal Scheduling Order. This document sets the date, time, and courtroom.
- Serve the Hearing Notice on All Parties.
Under W.R.C.P. 6(d), serve the scheduling notice at least 14 days before the hearing. Use certified mail, personal service, or e-service if authorized.
- Prepare for the Hearing on Appointment of Commissioners.
At the hearing, the court reviews the complaint and answers before ordering the appointment of partition commissioners under Wyo. Stat. § 1-29-205. Be prepared to present evidence of ownership, proposed boundaries, or request a sale if the property cannot be physically divided.
Once commissioners are appointed, they will appraise, divide, or sell the property, followed by a confirmation hearing. Throughout, adhere to all statutory notice and procedural requirements to avoid delays or objections.
Helpful Hints
- Review local district court standing orders for specific timelines and form requirements.
- Double-check service dates to ensure the answer period truly has expired.
- Keep a copy of the filed Certificate of Readiness and proof of service for your records.
- If parties remain unserved, consider a motion for substituted service before scheduling.
- Be ready to propose multiple hearing dates to accommodate the court’s calendar.