Last updated: 12/10/2021
Equitable Distribution Pretrial Order {9}
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Description
STATE OF NORTH CAROLINA Wayne County Lenoir County GreeneCounty Plaintiff: COURT COUNTY .OF. . . . . Form. 9 .-.Equitable .Distribution. Pre-Trial. Order (Page 1 of 2) ......... .. .... . ........ ......... ....... .. : In The General Court Of Justice Index No. : File No. District Court Division Family Calendar No.Court Plaintiff(s) -againstVERSUS : : JUDICIAL SUBPOENA Defendant: EQUITABLE DISTRIBUTION : PRE-TRIAL ORDER : THIS MATTER COMING ON TO BE HEARD upon pre-trial conference before the undersigned Presiding Judge upon pleadings Defendant(s) seeking an equitable distribution of the marital property of the parties, the Court finds as follows: : ...................................................... FINDING OF FACTS 1. 2. That the parties have reached an agreement on certain facts and certain issues and have set forth the areas of agreement and disagreement and their contentions as to such matters of disagreement. That by their signatures affixed hereto, each party stipulates that he or she agrees with the facts and issues classified as agreed upon, and further stipulates that the facts and issues classified as being in dispute are accurately reflected and that there are no TO other issues to be determined by the Court. That by the signatures affixed hereto, each party stipulates that the contentions and stipulations of the parties as set forth herein are binding on the parties at trial, unless and amendment is allowed by the Presiding Family Court Judge. ThatGREETINGS: each party by signing this Pre-Trial Order swears that he or she has disclosed the existence of all property, both separate and marital, to which he or she may have had a claim to at the date of separationof the parties or since such date, regardless of to whom such property may be titled or in whom actual ownership mayanddesignated, and eachaside,further swears that you attend before WE COMMAND YOU, that all business be excuses being laid party you and each of such disclosure has been fullHonorable and is free from taint of fraud, and each party stipulates that if Courtdisclosure is found not to have been full and honest such , the at the and Countythe Court shall have the authority, based upon such, to classify , value and distribute any item of oproperty whose honest, of located at existence ws not accurately disclosed in this Pre-Trial Order or otherwise modify any Order entered in reliance upon this Pre-Trial in room , on the day of , 20 , at o'clock in the noon, and at any recessed Order. THE PEOPLE OF THE STATE OF NEW YORK 3. 3. or adjourned date, to testify and give evidence as a witness in this action on the part of the CONCLUSONS OF LAW 1. 2. That the Court has jurisdiction over the parties and subject matter of this case. That the interest of justice and the expeditious handling of this matter require the entry of this order. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ORDER the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 1. Thatresult of your failure to comply. married on:......... the plaintiff and the defendant were 2. 3. 4. That the plaintiff and the defendant separated on:............... That the date of evaluation is:.............................................. Witness, Honorable Court in County, , one of the Justices of the , 20 Name Date Of Birth day of 1 2 3 4 5 6 That the plaintiff and defendant are parents of the following children: 1 (Attorney must sign above and type name below) 2 Attorney(s) for 3 4 5 6 5. That an equal division is is not an equitable division in this case. Office and P.O. Address Schedules I through XIII are the same schedules used in the E.D.Inventory Affidavit - Form 8 6. 7. That Schedule I is a list of Real Property and Mobile Homes and the contentions of the parties as to value, classification, possession, and distribution. Telephone No.: That Schedule II is a list of Motor Vehicles and the contentions of the parties as to value, classification, possession, and distribution. Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com Eighth Judicial District Family Court Form 9 3/01 8. That Schedule III is a list of Household Furnishings and Collectibles and the contentions of the parties as to value, classification, possession, and distribution. COURT COUNTY .OF. . . . . Form . .-. Equitable .Distribution . . . . . . . . Order (Page 2 of 2) ......... .. . . . . . 9 . . . . . . . . . . . . . . . . . . Pre-Trial . . : Index No. : : Calendar No. 9. That Schedule IV is a list of Miscellaneous Personal Property and the contentions of the parties as to value, classification, possession, and distribution. Plaintiff(s) 10. That Schedule V is a list of Accounts and the contentions of the parties as to value,JUDICIAL SUBPOENA classification, possession, and distribution. -against11. That Schedule VI is a list of Businesses and Stocks and the contentions of :the parties as to value, classification, possession, and distribution. 12. That Schedule VII is a list of Miscellaneous Personal Property and the contentions of the parties as to value, classification, : possession, and distribution. : 13. That Schedule VIII is a list of Life Insurance Policies and the contentions of the parties as to value, classification, possession, and distribution. 14. That Schedule. IX is.a list .of . . . . . . . .Acquired After . . . . . . . . . . .the contentions of the parties as to value, classification, . . . . . . . . . . . . . . . Property . . . . . . . . . . . the DOS and . . . . . . possession, and distribution. 15. That Schedule X is a list of Debts which are Secured and the contentions of the parties as to value, classification, possession, and distribution. 16. That Schedule XI is a list of Debts which are Not Secured and the contentions of the parties as to value, classification, possession, and distribution. 17. That Schedule XII is a list of Divisible Property and the contentions of the parties as to value, classification, possession, and distribution. 18. That Schedule XIII is a list of Factors Justifying an Unequal Distribution and the contentions of the parties as to value, classification, possession, and distribution. GREETINGS: 19. Appraisals have been prepared by expert witnesses and exchanged by the parties, and information made available for inspection, including copies of all materials submitted that all business