Equitable Distribution Scheduling And Discovery Order {9}

1 Form #9 STATE OF NORTH CAROLINA COUNTY OF HALIFAX Plaintiff: In the General Court of Justice District Court Division File No. VERSUS Defendant: EQUITABLE DISTRIBUTION SCHEDULING AND DISCOVERY ORDER THIS CAUSE, came on for hearing for an equitable distribution scheduling and discovery conference; and IT APPEARING TO THE COURT that counsel for the parties and/or pro se parties were present (unless this order was consented to by all parties and their attorneys in writing on or before the scheduled hearing date and accepted by the assigned judge). Based on a review of the file and statements of counsel, the Court Concludes as a matter of law that the parties are in need of an order of the Court setting forth a schedule for the completion of discovery and the preparation and completion of Equitable Distribution Affidavits and a Pre-trial Order on the issue of equitable distribution of marital property between the parties. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. 2. That for purposes of equitable distribution, the date of the parties' separation is . Any and all discovery requests desired by either party must be filed and served on the other party by no later than . Any discovery requests by either party that are presently outstanding and due to the other party shall be responded to on or before . On or before On or before , plaintiff shall file his/her equitable distribution affidavit. , defendant shall file his/her equitable distribution affidavit. 3. 4. 5. On or before , plaintiff and defendant shall have consented to the terms and provisions of a pre-trial order or shall appear before the District Court Judge assigned to the case for an equitable distribution pre-trial conference to finalize the terms of a pre-trial order. All reports of any appraisers or expert witnesses which may be or will be used in the trial of this action, or which were relied on by either party relative to the pending claims for equitable distribution, shall be exchanged between counsel by 2:00 PM on . Expert dispositions shall be held within 45 days of the date of the receipt of the expert opinion or report. . That a motion to dispense with settlement procedures has been filed pursuant to Rule 1C(6), of the Rules Implementing Settlement Procedures. For good cause shown, the motion to dispense with settlement procedures has been allowed. (See Motion and Order filed in this proceeding.) The parties have either designated by consent or the Court shall appoint a mediator and a date to complete mediation using AOC Forms AOC-CV-824 and AOC-CV-825. If an alternate settlement procedure has been chosen, the parties have either designated by consent or the Court shall appoint an evaluator and a date to complete the alternate settlement procedure using AOC Form AOC-CV-826. 6. 7. All other depositions shall be conducted on or before 8. 9. 10. Other: Halifax County Family Court Domestic Rules, Rev. 7/31/08 American LegalNet, Inc. www.FormsWorkFlow.com 2 Form #9 Date: District Court Judge: Consented To: Plaintiff (Pro Se) Defendant (Pro Se) Attorney For Plaintiff Attorney for Defendant Certificate of Service This is to certify that the undersigned has this date served this pleading or other paper in the above entitled action upon all other parties to this cause by hand delivery, by fax or by depositing a copy hereof in a post-paid wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service, properly addressed to the attorney or attorneys for said parties. Date: Moving Party: Halifax County Family Court Domestic Rules, Rev. 7/31/08 American LegalNet, Inc. www.FormsWorkFlow.com