North Carolina > Local County > Wake (District 10)
Scheduling And Discovery Order WAKE-DOM-09 - North Carolina
| Scheduling And Discovery Order Form. This is a North Carolina form and can be used in Wake (District 10) Local County . |
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NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. ____________________________ Assigned Judge:_______________________ ___________________________________, Plaintiff, v. ___________________________________, Defendant. SCHEDULING AND DISCOVERY ORDER (EQUITABLE DISTRIBUTION) This matter coming to be heard for a Scheduling and Discovery Conference on _____________ (date of conference) concerning the pending claim or claims for Equitable Distribution, the Court finds as follows: FINDINGS OF FACT 1. That the Plaintiff appeared through ____________________________. 2. That the Defendant appeared through _________________________. 3. That this is an action for Equitable Distribution filed on ________________ (date of initial filing) Plaintiff Defendant, hereinafter referred to as the moving party. by the 4. That the parties stipulate to the following essential facts: (a) The Court has jurisdiction over both the parties and the subject matter in this case; (b) The parties were married on The parties were separated on ___________________ (date of marriage); and (c) ___________________ (date of separation) or The date of separation is disputed. 5. That the moving party 6. That the responding party Affidavit. has has has not filed an Equitable Distribution Inventory Affidavit. has not filed an Equitable Distribution Inventory 7. This action requires the parties to engage in an alternative dispute resolution procedure. The Family Financial Mediation Settlement parties have agreed that they will participate in a Other: _________________________________________. If the parties Conference or are to participate in a Family Financial Mediation Settlement Conference, the parties have the parties have not agreed upon agreed upon a Neutral who will conduct the Conference or a Neutral and the Court will need to appoint one. 8. This action requires the appointment of an appraiser. The following property requires an appraisal which has not yet been completed: _______________________________ (property address). can cannot agree upon experts to conduct the appraisals. If the parties 9. The parties cannot agree on an appraiser, they submit the following three names: Plaintiff: Defendant: (1) _________________ (1) _________________ (2) _________________ (2) _________________ (3) _________________ (3) _________________ WAKE-DOM-09 Page 1 of 3 (rev. 05/11) American LegalNet, Inc. www.FormsWorkFlow.com 10. The discovery issues which need to be resolved are ___________________________________ (issues). Based upon the foregoing Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW 1. That the Court has jurisdiction over both the parties and the subject matter in this case. 2. That the Court concludes as a matter of law that the interests of justice and the expeditious handling of this matter require the entry of this Order. 3. This Order is appropriate under the circumstances of this case. 4. Both parties are capable of complying with the terms of this Order. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: 1. The parties are ordered by the Court to attend _______________________ (form of ADR ordered). The deadline for completion of this process is _______________ (date within 210 days of filing). The Neutral will be ____________________________ (name of Neutral). Plaintiff will be responsible for ___________% and Defendant will be responsible for ____________% of the Neutral's fee to be paid at the conclusion of the conference. 2. The moving party is hereby ordered to file and serve an Equitable Distribution Inventory Affidavit on or before __________________ (deadline date). The responding party is hereby ordered to file and serve an Equitable Distribution Inventory Affidavit on or before __________________ (deadline date). 3. The appraisals of property will be completed on or before ________________ (deadline date). ______________________________ (name of appraiser) will conduct any and all appraisals. 4. Discovery shall be mailed to the opposing party on or before ______________ (deadline date). Disclosure of expert witnesses shall also be completed by this date. 5. The Initial Pretrial Conference shall be set on ______________ (approximately 30 days before Final Pretrial Conference) for _________ hours in Courtroom ______. At this Initial Pretrial Conference, the moving party shall serve on the responding party a proposed Initial Pretrial Order and file it with the Court. 6. The Final Pretrial Conference shall be set on ______________ (within 240 days of filing) for _________ hours in Courtroom ______. At this Final Pretrial Conference, the moving party shall serve on the responding party a proposed Final Pretrial Order and file it with the Court. 7. Trial shall be set on ______________ (within 270 days from filing) for _________ hours in Courtroom ______. This the _____ day of __________________________, 20_______. _____________________________________ DISTRICT COURT JUDGE WAKE-DOM-09 Page 2 of 3 (rev. 05/11) American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that a copy of this Scheduling and Discovery Order has been served on the opposing party/counsel in the following manner: By depositing a copy in the US Mail in a properly addressed, postpaid envelope to: _________ ____________________________________________________________________________ ____________________________________________________________________________ By hand delivery to: ___________________________________________________________ ____________________________________________________________________________ By facsimile to: ____________________________ Fax No.: ________________________ Other: ______________________________________________________________________ ____________________________________________________________________________ Date: _____________ ________________________________________________________ Plaintiff Defendant Attorney for Plaintiff Attorney for Defendant WAKE-DOM-09 Page 3 of 3 (rev. 05/11) American LegalNet, Inc. www.FormsWorkFlow.com
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