Jan62026
Partition Action Q&A Series

Can I request a specific time for the partition hearing, or does the court assign the time? – North Carolina

Short Answer

In North Carolina partition cases, the court (through the clerk of superior court’s scheduling process) ultimately assigns the hearing date and time. A party can usually ask for a particular date or time window and explain scheduling conflicts, but the request is not guaranteed. For certain partition-related requests made by written application, North Carolina law also allows the court to decide the issue without a hearing unless someone timely asks for one.

Understanding the Problem

In a North Carolina partition special proceeding, can a party (or the party’s representative) pick a specific hearing time, or must the clerk of superior court set the time? The practical issue is how to coordinate attendance—especially when a client’s availability matters—while still following the court’s scheduling rules. The decision point is whether the court will accommodate a requested hearing slot versus assigning the hearing time based on the court’s calendar.

Apply the Law

Partition in North Carolina is handled as a special proceeding, which generally means the clerk of superior court manages many steps, including scheduling hearings. Parties can request a hearing and can often propose dates or identify conflicts, but the court controls the calendar and issues the final setting. Also, for certain pre-final orders requested by written application in a partition case, the court may only schedule a hearing if someone files a timely opposition or requests a hearing after being served; otherwise, the court may rule without holding a hearing.

Key Requirements

  • Proper request and notice: When a party asks the court to take action in the partition case, the request typically must be in writing and served on the other parties when required, so everyone has a fair chance to respond.
  • Court-controlled scheduling: Even if a party asks for a specific time, the clerk of superior court (and the court’s calendar) controls the final hearing date and time.
  • Opportunity to object or request a hearing: For certain applications made before the case is finally decided, the other side can trigger a hearing by timely filing an opposition or requesting a hearing after service.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an active North Carolina partition special proceeding where a representative wants the court’s available hearing slots to coordinate with the client before confirming a date. Because partition is a special proceeding, the clerk of superior court’s calendar controls the final hearing time, even if the representative requests a particular slot. If the hearing relates to a written application for a pre-final order, the timing can also depend on whether another party files an opposition or requests a hearing within the statutory response window after service.

Process & Timing

  1. Who files: A party to the partition case (often through an attorney). Where: The Clerk of Superior Court in the county where the partition special proceeding is pending in North Carolina. What: A written request/motion/application asking the clerk to calendar the matter for hearing (the exact form and captioning can vary by county and by the type of issue being set). When: If the request is a written application for a pre-final order under Chapter 46A, the other parties generally have 10 days after service to file an opposition or request a hearing.
  2. Scheduling step: The representative typically contacts the clerk’s office (or follows local calendaring instructions) to obtain available dates/times or to submit proposed dates. The clerk may offer limited slots, set the matter on an existing calendar, or require coordination through local rules.
  3. Hearing or decision: If a hearing is required or requested, the clerk sets the date and time and the parties appear. If no hearing is required and no one timely requests one for certain applications, the court may decide the request based on the written filings.

Exceptions & Pitfalls

  • Assuming a preferred time will be honored: A request for a specific slot can help, but the clerk’s calendar controls, and the court may set a different time.
  • Not serving the request correctly: When the statute requires service of a written application, improper or incomplete service can delay scheduling or lead to disputes about deadlines.
  • Missing the response window: In situations covered by the pre-final application process, failing to respond or request a hearing within the statutory window can allow the court to rule without a hearing.
  • Mediation affecting timing: If the court orders mediation (or the parties agree to it), the hearing schedule may pause or shift while mediation occurs.

Conclusion

In North Carolina, the court assigns the time for a partition hearing, usually through the clerk of superior court’s scheduling process, even if a party asks for a specific slot. A party can request a preferred date or time window and explain conflicts, but the final setting depends on the court’s calendar. For certain pre-final requests made by written application, the other side generally has 10 days after service to oppose or request a hearing. Next step: file the written request to calendar the matter with the Clerk of Superior Court.

Talk to a Partition Action Attorney

If a partition hearing needs to be scheduled and attendance must be coordinated around limited availability, our firm has experienced attorneys who can help explain the local scheduling process, service requirements, and timing issues. 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.

Category: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.