What room or courtroom information should I include on a notice of hearing for a partition case? – North Carolina

Short Answer

In a North Carolina partition case, a notice of hearing should identify the time and place of the hearing as the court sets it. In practice, that usually means listing the county courthouse and, if the court provides it, the specific courtroom/room number (or the Clerk’s hearing room) and any remote-hearing instructions. If the court has not assigned a room yet, the notice should still clearly state the courthouse location and the division (for example, “before the Clerk of Superior Court”), and then follow the county’s scheduling instructions to confirm the room as soon as it is assigned.

Understanding the Problem

In a North Carolina partition case, after a hearing date and time is selected, the next decision is what “place” information must appear on the notice of hearing so the parties know where to appear. The question focuses on whether the notice must include a specific courtroom or room number, or whether identifying the courthouse and the correct decision-maker (often the Clerk of Superior Court in a special proceeding) is enough. The practical issue usually comes up when the calendar is set a few weeks out but the county has not yet assigned a specific room, or the hearing will be held remotely.

Apply the Law

North Carolina procedure generally treats a hearing notice as needing clear, usable information about when and where the hearing will happen. In a partition case (typically a special proceeding), hearings are commonly held in the county courthouse where the case is pending, often before the Clerk of Superior Court unless the matter is before a judge. The safest approach is to include (1) the courthouse, (2) the decision-maker (Clerk or judge), and (3) the specific room/courtroom or remote connection details if the court provides them.

Key Requirements

Time: The notice should state the hearing date and start time exactly as scheduled.
Place: The notice should state the hearing location clearly enough that a party can show up at the correct courthouse and find the correct session (and include the room/courtroom if assigned).
Correct forum/decision-maker: The notice should identify whether the hearing is before the Clerk of Superior Court (common in special proceedings) or a Superior Court judge, because that affects where the hearing is held and how the calendar is managed.

What the Statutes Say

N.C. Gen. Stat. § 1-474.1 (Notice of hearing; time and place) – Example of a North Carolina statute that expressly requires a notice to set a time and place for a hearing before the clerk, illustrating the core concept that the notice must tell parties where to appear.
N.C. Gen. Stat. § 46A-20 (Venue in partition) – Confirms partition proceedings are filed in the county where the property is located, which typically determines the courthouse where hearings are held.

Analysis

Apply the Rule to the Facts: A partition case is already pending in North Carolina and a hearing is being scheduled about a month out, so the notice should clearly state the scheduled date and time and the place the court expects appearances. If the county has already assigned a specific courtroom or the Clerk’s hearing room, that room information should be included on the notice. If the county does not assign rooms until closer to the hearing date, the notice should still identify the county courthouse and that the hearing is before the Clerk of Superior Court (or the assigned judge), and then the filer should promptly update or confirm the room details per local scheduling instructions.

Process & Timing

Who files: The party who noticed the hearing (often the petitioner or moving party). Where: With the Clerk of Superior Court in the county where the partition case is pending. What: A notice of hearing that lists the hearing date/time and the hearing location (courthouse and, if assigned, the room/courtroom; if remote, the connection instructions). When: After the hearing date/time is obtained from the court’s scheduling process and early enough to allow proper service/notice.
Confirm location details: If the county assigns rooms late or uses a rotating calendar, the filer typically confirms the room/courtroom (or remote platform) through the Clerk’s office or the county’s posted scheduling procedures, then ensures the served notice matches what the court has set.
Serve the notice: The notice should be served on all required parties using an allowed method, and the filer should keep proof of service for the court file.

Exceptions & Pitfalls

Room not assigned yet: Some counties do not assign a courtroom/room number until shortly before the hearing. Listing a room number that later changes can create confusion and disputes about whether notice was adequate.
Wrong decision-maker listed: A partition matter may be calendared before the Clerk of Superior Court or before a judge depending on what is being heard. Misstating this can send parties to the wrong place.
Remote hearing details omitted: If the court sets the hearing as remote, the notice should include the platform details the court provides (or clearly state how the parties will receive them), so parties can actually attend.

Conclusion

In North Carolina, a notice of hearing in a partition case should clearly state the hearing’s date, time, and place. “Place” usually means the county courthouse where the case is pending and the correct session (often before the Clerk of Superior Court), plus the courtroom/room number or remote-hearing instructions if the court has assigned them. The next step is to file and serve the notice after confirming the court’s location details, and do it early enough to provide meaningful notice.

Talk to a Partition Action Attorney

If a partition hearing is being scheduled and the notice needs to be correct (including the right courthouse, room, and service steps), our firm has experienced attorneys who can help explain the process and timelines. 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.