Partition Before Distribution: Setting for Hearing and

Notice; Parties to Proceeding. When all the persons in interest have appeared or are in default on a proceeding for partition as described in this Chapter, the Clerk of the Superior Court shall set the matter for hearing by the Superior Court. The persons in interest who have filed written appearances shall be considered the parties to the proceeding, and each shall be entitled to five

(5)calendar days' notice of the hearing. No one shall be considered as a plaintiff or as a defendant.