Can I request a later hearing time because the parties have to travel a long distance to the courthouse? – North Carolina

Short Answer

Yes. In North Carolina, a party can usually ask the Clerk of Superior Court (in a partition special proceeding) or the Trial Court Coordinator/judge (if it is on a civil calendar) to set a hearing later in the day, especially when travel distance creates a practical hardship.

The court is not required to grant a preferred time, but a clear, reasonable request made early—often with a few proposed dates/times—frequently helps the matter get scheduled efficiently.

Understanding the Problem

In a North Carolina partition action, can a party ask the court to schedule a hearing later in the day when the parties must travel a long distance to the courthouse? The decision point is whether the hearing can be set (or re-set) at a later time on the same day to reduce travel burden while still moving the partition case forward in the proper forum.

Apply the Law

Partition cases in North Carolina are handled as “special proceedings,” which commonly means the Clerk of Superior Court manages key steps and hearings. Scheduling is largely an administrative function, but it still must respect required notice and any response deadlines. When a respondent has been served and does not answer on time, the petitioner may be able to move the case forward, but the petitioner still typically needs a properly noticed hearing (or other required step) before the clerk can enter certain orders.

Key Requirements

Proper forum and calendar: Partition is a special proceeding, commonly heard by the Clerk of Superior Court, and hearing times depend on that office’s calendar practices.
Proper notice and timing: Even when the other side has not responded, the moving party generally must give required notice of the hearing and follow the procedural steps for the requested order.
Reasonable scheduling request: A request for a later time works best when it is made early, explains the travel issue briefly, and offers multiple workable options (dates and time windows).

What the Statutes Say

N.C. Gen. Stat. § 46A-1 (Partition is a special proceeding) – Establishes that partition is handled as a special proceeding with procedures largely drawn from special proceeding rules.
N.C. Gen. Stat. § 46A-2 (Summons; answering period) – Points partition cases to the special proceeding summons/answer timing rules.
N.C. Gen. Stat. § 1-394 (Special proceeding summons; time to answer) – Provides the answer deadline framework for special proceedings and specifies a longer answer period for partition proceedings.

Analysis

Apply the Rule to the Facts: The case is a partition proceeding seeking partition by sale, and the respondent was served but did not file a response even though the response deadline has passed. Because partition is typically managed as a special proceeding, the practical path is to coordinate with the Clerk of Superior Court’s office (or the appropriate scheduling contact) to obtain available hearing settings. A travel-based request for a later time is usually handled as a scheduling request (not a dispute about the merits), and it is most effective when it includes several proposed dates and a preferred time window later in the day.

Process & Timing

Who files: The petitioner (or petitioner’s attorney). Where: The Clerk of Superior Court in the county where the partition special proceeding is pending. What: A request to schedule the hearing (often through the clerk’s scheduling process) and, if needed, a written motion and notice of hearing for the requested relief. When: After service is complete and once the applicable answer period has run under the summons.
Coordinate dates/times: Ask the scheduling contact for multiple available settings and specifically request a later start time due to long-distance travel. Offering a few “good” dates and a time window (for example, “after 1:00 p.m.”) often helps the office find a workable slot.
Confirm and notice: Once a date/time is selected, confirm it in writing as required locally and serve any required notice of hearing on all parties (even a non-responding party) using the proper service method for the case.

Exceptions & Pitfalls

Local scheduling rules vary: Some counties set clerk hearings on specific days or in set blocks, and a “later time” request may not be available on every calendar.
Do not treat “no answer” as “no notice required”: Even if the respondent is in default, many partition steps still require properly noticed hearings or documented compliance before an order enters.
Waiting too long to ask: If the request comes after a hearing is already set (or close to the hearing date), the court may treat it like a continuance request rather than a simple scheduling preference.

Conclusion

Yes—North Carolina courts often allow a party to request a later hearing time in a partition case when long-distance travel creates a practical hardship, but the court controls the calendar. Partition is a special proceeding, so scheduling commonly runs through the Clerk of Superior Court, and the case still must follow required notice and the summons answer period rules. The next step is to request multiple available settings from the clerk’s scheduling contact and then serve the notice of hearing once a date and time is confirmed.

Talk to a Partition Action Attorney

If a partition case needs to be scheduled and travel logistics matter, our firm has experienced attorneys who can help explain the process, coordinate hearing settings, and keep the case moving on the correct timeline. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.