North Carolina > Local County > Harnett, Lee (District 11A)
Order Imposing Sanctions Or Dismissing Motion For Sanctions F - North Carolina
| Order Imposing Sanctions Or Dismissing Motion For Sanctions Form. This is a North Carolina form and can be used in Harnett, Lee (District 11A) Local County . |
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File No. ________________________ NORTH CAROLINA Film No.________________________ _____________________ COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION __________________________________ , ) Plaintiff ) ORDER ) vs ) IMPOSING SANCTIONS . ) __________________________________ , ) DISMISSING MOTION FOR SANCTIONS Defendant ) THIS MATTER comes on to be heard before the undersigned upon an Order to Appear and determine whether sanctions should be entered against the Plaintiff Defendant; that the party named above was duly served with notice of this proceeding on __________________________________ and was was not present for this hearing; that the party appeared as ordered pro se with counsel of record; from the record and evidence presented, the Court FINDS THE FOLLOWING FACTS: 1. A hearing was scheduled in this matter on ______________________________ for the following purpose: a. Scheduling and Discovery Conference b. Pre-Trial Conference c. Other _________________________________________________________________ _______ 2. That the hearing had to be continued because the Plaintiff Defendant failed to comply with Rule ______ by: 3. That the Plaintiff Defendant: a. presented a reason that justified the partys failure to comply with the ED rule(s) set out above. b. failed to appear for this hearing. c. failed to present any evidence that would justify a failure to comply wi th the rule(s). d. failed to present credible evidence to justify a failure to comply with the rule identified above. e. Other describe other findings use attachment if necessary: ED Form F, Page1, District 11, Effective 5/1/02 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 24. As a consequence of such failure: a. The Plaintiff Defendant has been unable to obtain information about the following items of property or debt (attach additional sheet if necessary): b. That attorney for the Plaintiff Defendant has performed the following additional client services as a result of Plaintiffs Defendants failure to comply with the rules (attach additional sheet if necessary): c. The Plaintiff Defendant has incurred reasonable attorney fees of $ __________ by reason of services described in Paragraph 4b above. This is based upon Plaintiffs Defendants attorney performing ___________ hours of work at a rate of $______________ per hour that resulted from the failure alleged. d. Other (attached additional sheet(s) if necessary). THE UNDERSIGNED COURT CONCLUDES: 1. That the court has jurisdiction of the party named above and the subject matter of this proceeding. 2. That Plaintiff Defendant did not fail to comply with an ED Rule. 3. That Plaintiff Defendant failed to comply with ED Rule _____ , Equitable Distribution Rules for the Eleventh Judicial District. 4. That the failure by the party named above was justified. 5. That the failure by the party named above was without justification. 6. That the sanctions hereinafter imposed are adequate and appropriate to redress the failure to comply as identified above; that the financial sanctions for attorneys fees an d other charges are reasonabley related to the work required or charges incurred as a result of the failure by the Plaintiff Defendant. 7. Other (attach additional sheet, if necessary): ED Form F, Page2, District 11, Effective 5/1/02 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 IT IS, THEREFORE, ORDERED that the Plaintiff Defendant: 1. SHALL NOT BE SANCTIONED by the Court for an ED rule violation as alleged and the sanctions proceeding is DISMISSED. 2. Shall pay attorney fees to the opposing party in the amount of $________ ___________. 3. Shall pay other costs of expenses to the opposing party in the mount of $___________________. 4. Will not be permitted to present oral testimony about the items of prope rty or debt identified above. 5. Will not be permitted to present the inventory affidavit or any other affidavit rela ting to property or debt identified above. 6 Shall not be permitted to proceed with the partys claim for equitab le distribution and the same is hereby DISMISSED WITH PREJUDICE WITHOUT PREJUDICE. 7. Other: Date: _______________________ __________________________________________ Judge Presiding CERTIFICATE OF SERVICE I CERTIFY THAT NOTICE OF THIS ORDER WAS GIVEN BY: Delivery of Order personally to the Plaintiff to Plaintiffs Attorney. Delivery of Order personally to the Defendant to Defendants Attorney. Delivery of a copy of this Order to the Party Parties named below by Regular Mail, US postage prepaid, on the date shown and to the address listed below Date: ______________________________ Address: ____________________________________________ ______________________________ ____________________________________________ ____________________________________________ CSC Asst. CSC Deputy CSC __________________________________________ ED Form F, Page3, District 11, Effective 5/1/02 American LegalNet, Inc. www.USCourtForms.com
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