Local Rule 9

 

 

PARTITION

 

 

9. (A)   In a partition case any party shall have five days after the return of the order of appraisement to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five‑day period.

 

9. (B)   Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties. Should such an election be made within said fourteen‑day period and notice given to all counsel of record, then any other parties entitled to elect shall have an additional fourteen‑day period to file a similar election. If no election is filed or if more than one election is filed, then said property must be sold at public sale. If two or more elections are filed, then an order of sale may be issued forthwith. If only one election is filed to take the premises, or any part thereof, at the appraised value, then such election shall be allowed and confirmed after the expiration of ten days from the confirmation of the order of appraisement. The party electing to take the property will not be required to pay or to deposit his share of the purchase price, but only his share of the costs including attorney fees. This rule shall also apply in cases where property has been sold at public sale.