Final Pre-Trial Order - Equitable Distribution {Form 09}

Form 9 NORTH CAROLINA IN THE GENERA L COURT OF JUSTICE th 28 JUDICIAL DISTR ICT DISTRICT COURT DIVIS ION BUNCOMBE COUNTY ________-CVD-__________ ___________________________________, Plaintiff FINAL PR E-TR IAL ORDER -V- EQUITA BLE DISTRIB UTION ___________________________________, Defendant PURSUANT TO RULE 16 of the North Carolina Rules of Civil Procedure, a pre-trial conference was held before the Honoable _____r ___________ in the abov-entitled action on e the ____ day of ________, 20___. The parties, yb their signatures or through theirattorn eys, have agreed to theent ry of a final pre-trial order as set forth below: 1. It is stipulated that all parties are properly before the Court and the Court has jurisdiction over the parties and over the subject matter. 2. It is stipulated and agreed that the Court shall enter a final equitable distribution order in civil action number: ____-CVD-____________. 3. It is stipulated that each party by signing this pre-trial order warrants that he or she has disclosed the existence of all property, both separate and marital, at the date of separation and all property purchased after the date of separation, regardless of to whom such property may be titled or in whom actual ownership may be designated. Said disclosure has been full and honest and is free from taint of fraud. 4. It is stipulated that the parties were married on _________________________. 5. It is stipulated that the parties separated on or about _________________________. 6. It is stipulated that the parties exchanged witness and exhibit lists on _________________________. 7. It is stipulated that the parties are agreeing: [ ] A. To an equal division of assets and debst subject to equitable distribution; [ ] B. That both parties are seeking an unequal division of assets subject to equitable distribution; [ ] C. That one paryt is seeking an equal distribution while the other paryt seeks an unequal division; 8. The date of valuation of civil action _____________________ is _________________________. 9. It is stipulated that all depositions of the parties and witnesses have been completed, or it is stipulated that the following depositions have been scheduled _________________________. 10. It is stipulated that both parties have filed final ED Affidavits on ________________ including all contentions regarding specific factors they are claiming for an unequal distribution as set out in North Carolina General Statutes 50-20(c)(1) through (12). 11. The parties further stipulate to the facts set forth in the attached schedules: A. Exhibit A is a list of marital property upon which there is agreement as to classification, valuation and distribution. B. Exhibit B is a list of marital property upon which there is disagreement as to classification and valuation but agreement as to distribution. C. Exhibit C is a list of marital property upon which there is agreement as to classification and valuation, but disagreement as to distribution. D. Exhibit D is a list of marital property that the parties agree on classification and distribution but they disagree on valuation. Page 1 of 7 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 Form 9 E. Exhibit E is a list of marital property of which there is agreement as to classification but disagreement as to valuation and distribution. F. Exhibit F is a list of assets upon which there is agreement as to valuation, however there is disagreement as to classification and distribution. G. Exhibit G is a list of assets upon which there is agreement as to distribution and valuation, however, there is disagreement as to the classification. H. Exhibit H is a list of property that the parties disagree on distribution, classification, and valuation. I. Exhibit I is a list of marital debt upon which the parties agree on classification, valuation, and distribution. J. Exhibit J is a list of debt upon which the parties agree upon classification and distribution but do not agree on valuation. K. Exhibit K is a list of debt upon which the parties agree upon distribution but do not agree upon valuation or classification. L. Exhibit L is a list of payments made by the parties after the date of separation on marital assets. M. Exhibit M is a list of property that the parties agree belongs to a third party. N. Exhibit N is a list of the parties separate property, which the parties agree on classification and distribution but disagree on valuation. 12. Plaintiff and defendant may add any additional exhibits, witnesses, or contentions needed to state any other issues to be decided by the Court as long as such exhibits and contentions are not inconsistent with the provisions of this pre-trial order and are provided to the opposing party with advanced notice. _______________________________________ Attorney for Plaintiff Date _______________________________________ Attorney for Defendant Date APPROVED AND ORDERED, THIS _______ day of ______________, 20____ _________________________________ District Court Judge Presiding Page 2 of 7 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 Form 9 CLAS SIFICATION VAL UATION DIST RIB UTION EX HIBIT A Agr eed Agreed Agreed M ARITAL SEPARATE HUS BAND WIFE HUS BAND WIFE ITEM H W H W e.g., marital residence 123 Oak Street F( MV- X X 125,000 125,000 X Mortgage) CLAS SIFICATION VAL UAT ION DIST RIBUTION EX HIBIT B Disagree Disagree Agreed M ARITAL SEPARATE HUSBAND WIFE HUSBAND WIFE ITEM H W H W e.g., china X X 2,000 600 X CLAS SIFICATION VAL UAT ION DIST RIBUTION EX HIBIT C Agree Agree Disagree M ARITAL SEPARATE HUSBAND WIFE HUSBAND WIFE ITEM H W H W e.g., lawn mower X X 50.00 50.00 X X Page 3 of 7 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4 Form 9 CLAS SIFICATION VAL UAT ION DIST RIB UTION EX HIBIT D Agree Disagree Agree M ARITAL SEPARATE HUS BAND WIFE HUSBAND WIFE ITEM H W H W e.g., 1984 Ford truck, titled in Husbands name X X 1,000 1,200 X CLAS SIFICATION VAL UAT ION DIST RIBUTION EX HIBIT E Agree Disagree Disagree ITEM MARITAL SEPARATE HUSBAND WIFE HUSBAND WIFE H W H W e.g., blue sofa X X 25.00 50.00 X X EX HIBIT F CLAS SIFICATION VAL UAT ION DIST RIBUTION Disagree Agree Disagree M ARITAL SEPARATE HUSBAN WIFE HUSBAND WIFE ITEM H W H W D e.g., diamond ring X X 500 500 X X Page 4 of 7 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 5 Form 9 CLAS SIFICATION VAL UAT ION DIST RIBUTION EX HIBIT G Disagree Agree