Notice Of Summary Judgment Divorce Hearing {WAKE-DOM-23B}

NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. ___________________________ ___________________________________, Plaintiff, v. ___________________________________, Defendant. NOTICE OF DIVORCE HEARING First Subsequent **NOTICE OF HEARING FEE WITH MOTION FOR SUMMARY JUDGMENT - $20** All uncontested divorces (without request for incorporation of separation agreement) and motions for summary judgment in divorce cases may be set by this notice. Divorces with attorneys will be heard at 9:00 a.m. on FRIDAYS in Courtroom 5B, and divorces without attorneys (i.e., self-represented persons) will be heard at 10:30 a.m. on FRIDAYS in Courtroom 5B. All information (front and back) must be filled out on this sheet. NOTICE TO INDIVIDUALS WITHOUT ATTORNEYS: You must follow the instructions listed below The earliest date your divorce hearing may be scheduled is the first FRIDAY 31 days AFTER the Summons and Complaint were served on your spouse. If that date falls on a Court holiday, you will need to select another Friday. If you arranged for Sheriff's service, you will receive a small white card from the Clerk of Superior Court showing the date of service. If you chose a different method of service, you will need to provide proof to the Court as to when you served the Defendant. See Rule 4 Instructions for Initial Service of the Summons and Complaint on Defendant. Complete both sides of this Notice of Hearing and take three (3) copies to the Clerk's Office located on the 1st floor of the Wake County Courthouse. Have all three copies file stamped. Leave one copy with the Clerk, serve one copy on your spouse, and keep one copy for yourself. This Notice must be served on your spouse at least 5 business days prior to the scheduled hearing (excluding weekends or court holidays). Service of this Notice may be made by sending it via U.S. mail in a properly addressed envelope, postpaid, to your spouse's last known address, by delivery to your spouse's attorney of record, or by hand delivery to your spouse. See Rule 5 of the North Carolina Rules of Civil Procedure. If you are seeking summary judgment rather than a divorce hearing, you must also file a motion for summary judgment. The motion must be served on the other party at least 10 days prior to the hearing. On the date designated in blank #2 below, come to Courtroom 5B and be seated. The cases will be called in numerical order. Please bring THREE copies of the JUDGMENT FOR ABSOLUTE DIVORCE. At the hearing, you will be given a Certificate of Absolute Divorce that must be filled out on the date of the hearing in Black Ink. Information to be filled out: 1. 2. 3. 4. Please check one: summary judgment divorce uncontested divorce Date requested for divorce hearing: ___________________________ Has a copy been sent to the other party? Yes No Is an attorney filing this Notice? Yes No YOU MUST COMPLETE THE CERTIFICATE OF SERVICE ON THE BACK WAKE-DOM-23 Page 1 of 2 (Rev. 06/2015) American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that a copy of this Notice of Hearing has been served on the all parties/counsel in the following manner: By depositing a copy in the US Mail in a properly addressed, postpaid envelope to: ___________ _________________________________________________________________________________ _________________________________________________________________________________ By hand delivery to: _____________________________________________________________ _________________________________________________________________________________ Other: ________________________________________________________________________ _________________________________________________________________________________ Date: _____________ ________________________________________________________ (Signature) ________________________________________________________ (Printed name) Plaintiff Defendant Attorney for Plaintiff Attorney for Defendant WAKE-DOM-23 Page 2 of 2 (Rev. 06/2015) American LegalNet, Inc. www.FormsWorkFlow.com